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GIFT   OF 


Laws  of  Minnesota 

Relating  to  the 

Public  School  System 

Including  the 

State  Normal  Schools 

and  the 

University  of  Minnesota 


Prepared  Under  the   Direction  of 

C.  G.  SCHULZ 

Superintendent  of  Public  Instruction 

By  C.  S.  JELLEY 

of  the   Minneapolis    Bar 


1911 

SYNDICATE   PRINTING   CO. 

Minneapolis,  Minn. 


Laws  of  Minnesota 

Relating  to  the 

■ 

Public  School  System 

Including  the 

State  Normal  Schools 

and  the 

University  of  Minnesota 


Prepared  Under  the   Direction  of 

C.  G.  SCHULZ 

Superintendent  of  Public  Instruction 

By  C.  S.  JELLEY 

of  the   Minneapolis    Bar 


■ 


:,   : 

,  ,  >    I 


1911 

SYNDICATE   PRINTING   CO. 

Minneapolis,  Minn. 


-    -  'A 

[A 


EXPLANATORY  PREFACE 


In  this  compilation  will  be  found  all  general  laws  of  Minnesota  now  in 
force  relating  to  education.  The  Revised  Laws  of  1905  are  taken  as  the 
basis,  and  to  them  are  added  all  subsequent  laws  and  amendments. 

The  laws  are  arranged  by  subjects,  the  sections  are  numbered  consecu- 
tively, and  the  index  refers  to  the  subjects  by  sections.  At  the  foot  of  each 
section  is  given  the  number  of  the  section  of  the  Revised  Laws,  or  the  chap- 
ter and  year  of  the  subsequent  session  laws  from  which  the  section  is  de- 
rived. 

Following  the  sections  will  be  found  annotations  in  small  type  giving 
the  substance  of  decisions  of  the  Supreme  Court  and  opinions  of  the  Attor- 
ney General.  The  references,  such  as  43  M.  312,  are  to  the  volume  and 
page  of  the  Minnesota  Supreme  Court  Reports,  regular  edition,  and  the 
references,  such  as  (Gil.  352)  added,  are  to  the  Gilfillan  edition  of  the 
Supreme  Court  Reports.  References  such  as  "Young  page  187,"  or  "Simp- 
son January  11,  1910,"  are  to  the  name  of  the  Attorney  General  who  gave 
the  opinion,  and  the  page  of  the  Attorney  General's  Report  where  the 
opinion  may  be  found,  or  the  date  thereof,  as  the  case  may  be. 


247900 


CONTENTS 


Subject.  Sections. 

School  Districts   1-30 

School   Meetings    31-39 

Boards  and  Officers   40-70 

Depositories  for  School  District  Moneys.  71-74 

Bonds     75-8'3 

Actions    84-86 

Judgments    87-90 

Penalties    91-103 

Funds  and  Apportionments   104-109 

Taxes    110-116 

^  State  Aid  to  Schools 117-143 

The  Public  Schools   144-158 

Text  Books  and  Libraries 159-176 

Compulsory  Education — Child  Labor   ....  177-200 

Superintendents   201-230 

High  School  Board  231-238 

Tea-chers     239-249 

Examinations  and  Certificates 250-278 

State  University    279-324 

Normal  Schools    325-335 

Miscellaneous  Provisions    336-360 

Retirement  Fund  Associations 361-369 

Powers  of  Boards  of  Education  in  Cities 

cf  Fifty  Thousand  Inhabitants  or  More.  370-3S0 

Schcol  Boards  in  Unorganized  Territory.  381-402 


Page 


7 

Chapter. 

1. 

17 

Chapter 

n. 

22 

Chapter 

in. 

38 

Chapter 

IV. 

39 

Chapter 

v. 

41 

Chapter 

VI. 

41 

Chapter 

VII. 

42 

Chapter 

VIII. 

45 

Chapter 

IX. 

47 

Chapter 

X. 

48 

Chapter 

XI. 

55 

Chapter 

XII. 

59 

Chapter 

XIII. 

64 

Chapter 

XIV. 

71 

Chapter 

XV. 

77 

Chapter 

XVI. 

79 

Chapter 

XVII. 

83 

Chapter 

XVIII. 

88 

Chapter 

XIX. 

9S 

Chapter 

XX. 

100 

Chapter 

XXI. 

10C 

Chapter 

XXII. 

108 

Chapter 

XXIII. 

111 

Chapter 

XXIV. 

CHAPTER   I. 

SCHOOL  DISTRICTS. 

1.  School  districts — For  school  purposes  the  state  is  divided  into  com- 
mon, special,  and  independent  school  districts,  each  of  which  shall  be  a 
public  corporation.  Common  school  districts  shall  be  numbered  consecu- 
tively in  each  county,  and  each  shall  be  known  as  school  district  No 

of county.     A    district,    when   situate   in    two    or    more 

counties,  shall  be  known  as  joint  school  district  No of 

and counties.     Independent  school  districts  shall  be  known 

by  the  names  or  numbers  given  them  at  their  organization.     (1280) 

The  legislature  has  full  power  to  legislate  as  to  school  districts  under  article 
II,  sec.  3.  State  Constitution.— 27  M.  38. 

School  districts  are  corporations  with  limited  powers;  and  the  duties  of  the 
trustees  or  board  are  public  and  administrative  only.  They  are  not  liable  to  in- 
dividuals for  neglect  or  nonfeasance. — 49  M.  106. 

When  a  school  district  has  acted  as  such,  has  borrowed  money,  issued  bonds, 
voted  taxes,  and  been  dealt  with  by  the  state  as  a  district,  both  it  and  the  state 
are  estopped  to  question  its  legal  organization. — 85  M.  230. 

When  a  district  has  exercised  the  franchises  and  privileges  of  a  district  for  one 
year,  there  is  a  conclusive  presumption  in  the  nature  of  a  statute  of  limitation 
that  it  is  legally  organized. — 54  M.  203. 

Organized  school  districts  are  public  corporations,  with  certain  restricted 
powers;  hence,  sometimes  called  quasi  corporations. — Wilson,  p.  289. 

While  school  districts  are  not  municipal  corporations,  inasmuch  as  the  term 
"municipal,"  strictly  speaking,  is  applied  only  to  incorporated  villages,  towns  and 
cities,   yet  both   are   public   corporations. — Wilson,    p.   289. 

Those  entitled  to  admission  to  the  public  schools  are  (1)  the  children  of  the 
actual  residents  in  the  district;  and  (2)  all  other  persons  between  the  ages  of 
five  and  twenty-one  who  may  be  in  good  faith  living  in  the  district.  If  the  parents 
are  in  good  faith  'living  in  the  district,  although  temporarily,  the  children  would  be 
entitled  to  admission   to  the  school. — Wilson,   p.   396. 

In  the  matter  of  residence  very  much  depends  upon  the  intention,  and  the 
intention  can  only  be  gathered  from  the  acts  and  avowed  purposes  of  the  party. 
It  is  impossible  to  give  definite  instructions  upon  this  point. — Wilson,  p.   372 

In  regard  to  scholars  domiciled  out  of  the  district,  the  board  of  trustees  have 
the  sole  power  of  determining  whether  they  shall  be  admitted  to  the  schools  of 
such  district,  and  the  terms  on  which  they  may  attend. — Cornell,  p.   256. 

Whether  a  minor  whose  parents  reside  in  another  part  of  the  state  has  a  right 
to  attend  school  in  your  district  depends  upon  whether  said  minor  is  a  resident 
of  your  district. — Colville,  p.  235. 

Residence  acquired  by  students  in  attendance  upon  any  seminary  of  learning, 
or  by  inmates  of  any  charitable  institution,  or  of  a  public  prison  for  reformation 
or  punishment,  is  not  of  such  character  as  to  give  the  right  to  attend  the  district 
school  of  the  place,  or  to  be  enrolled  for  apportionment  in  such  district. — Cornell, 
p.  257. 

While  a  parent  could  not.  for  the  colorable  purpose  of  evading  the  law,  send 
his  children  to  board  in  another  district  for  the  mere  object  of  attending  school, 
I  entertain  no  doubt  that  a  scholar  actually  and  in  good  faith  domiciled  in  the 
district  would  be  entitled  to  the*  benefits  of  the  school  without  regard  to  the  resi- 
dence of  his  parents. — Cole,  p.  106. 

The  organization  of  a  district,  or  the  validity  of  the  acts  of  its  officers,  is 
not  vitiated  by  neglect  of  the  officers  elected  to  file  acceptance  of  office.— r-Cole, 
p.  117. 

Special  districts  should  be  known  and  designated  by  the  name  of  their  incorpora- 
tion and  a  number  is  not  required  by  law. — Dougles,  July  13,  1901. 

2.  Formation  of  districts — A  majority  of  the  freeholders  qualified  to 
vote  for  school  officers  residing  upon  any  territory  not  less  than  four  sec- 
tions in  extent,  and  in  which  reside  not  less  than  twelve  children  of  school 
age,  whether  or  not  such  territory  be  in  whole  or  in  part  included  in  any 
existing  common,  independent,  or  special  school  district,  may  petition  the 


8  SCHOOL    DISTRICTS. 

county  beard  of  the  proper  county  to  make  such  territory  a  school  district, 
common  or  independent.     (1281) 

A  petitioner,  after  signing  a  remonstrance,  cannot  be  claimed  as  a  petitioner. — 
Hahn.  May  29.  18S6. 

The  revised  statutes  provide  that  a  petition  for  the  alteration  of  a  school  dis- 
trict, the  territory  of  which  lies  in  two  counties,  shall  be  presented  to  the  board 
of  county  commissioners  of  each  county,  of  course,  for  their  concurrent  action.  It 
is  therefore  necessary  that  the  proposed  alteration  shall  be  agreed  to  by  each  of 
the  boards  before  it  can  take  effect. — Colvllle,  p.   239. 

A  married  woman  is  not  a  freeholder  because  her  husband  is  such,  nor  is  the 
husband  a  freeholder  because  the  wife  is  such. — Wilson,  p.  345. 

3.     The  petitions  shall  contain: 

1.  A  correct  description  of  the  territory  to  be  included  in  such  pro- 
posed district. 

2.  The  number  of  persons  residing  therein. 

3.  The  names  and  ages  of  all  children  of  school  age  residing  therein, 
and  the  existing  district  in  which  each  such  child  lives. 

4.  The  districts  in  which  such  territory  lies,  and  the  number  of  such 
children  in  each  such  district. 

5.  The  reasons  for  the  formation  of  the  proposed  district. 

Such  petitions  shall  be  acknowledged  by  the  petitioners  and  submitted 
to  the  county  superintendent,  and  if  he  shall  approve  of  the  same  he  shall 
endorse  such  approval  in  writing  upon  said  petition,  stating  his  reasons 
therefor;  and  if  he  shall  disapprove  of  same  he  shall  indorse  thereon  in 
writing  his  reasons  for  such  disapproval.  (1282,  as  amended  by  Chap.  110, 
Laws  1907.) 

A  person  signing  a  petition  for  the  creation  of  a  school  district  may  withdraw 
his  signature  therefrom  by  the  signing  of  a  remonstrance  or  otherwise. — Childs, 
July   28,   1893. 

The  board  of  county  commissioners  may  permit  the  amendment  of  a  petition 
for  the  formation  of  a  school  district  when  such  amendment  is  assented  to  in 
writing  by  all  of  the  persons  signing  the  same. — Childs,  Dec.   21,  1S94. 

4.  Notice  of  hearing — Upon  the  presentation  of  such  petition,  the 
county  board  shall  appoint  a  time  and  place  for  hearing  thereon,  and  shall 
cause  two  weeks'  published  notice  thereof  to  be  given  in  the  county,  and 
ten  days'  posted  notice  in  each  district  affected.  Such  notice  shall  also  be 
served  on  the  clerk  of  each  district,  by  mail,  at  least  ten  days  before  the 
time  set  for  hearing,  and  the  auditor's  certificate  shall  be  proof  of  the  mail- 
ing.    (1283) 

5.  Proceedings  on  hearing — At  the  hearing  the  board  shall  receive  any 
evidence  and  consider  any  arguments  for  and  against  such  proposed  organ- 
ization, and  shall  make  an  order  either  granting  or  denying  the  petition; 
and,  if  the  petition  be  granted,  the  order  shall  particularly  describe  the  dis- 
trict, state  its  name  or  number,  shall  be  signed  by  the  chairman,  and 
attested  and  filed  with  the  auditor,  who  shall  mail  to  the  clerk  of  each  dis- 
trict affected  a  copy  thereof,  and  shall  cause  ten  days'  posted  notice  to  be 
given  of  a  meeting  to  organize  such  district.  The  board  may  adjourn  the 
hearing  from  time  to  time,  and,  upon  the  recommendation  or  with  the  writ- 
ten approval  of  the  county  superintendent,  enlarge  or  change  the  boundaries 
proposed  in  the  petition.     (1284) 

When  a  petition  signed  by  a  majority  of  the  resident  freeholders  is  presented 
to  the  county  board,  jurisdiction  is  not  lost  by  reason  of  the  fact  that  after  the 
petition  was  signed  the  number  of  resident  freeholders  increased  so  that  at  the 
date  of  hearing  the  signers  constituted  less  than  a  majority. — 89  M.  351. 


SCHOOL    DISTRICTS.  9 

A  petition  for  the  formation  of  a  new  school  district  should  be  presented  to 
the  county  superintendent,  and  it  is  his  duty  to  either  approve  or  disapprove  the 
same  in  writing',  giving  his  reasons  for  his  action  in  either  event,  before  the  same 
is  presented  to  the  county  commissioners. — Simpson,  Jan.  12,  1910. 

6.  Setting  off  land  to  an  adjoining  district — When  any  freeholder  shall 
present  to  the  board  of  any  county  a  petition  verified  by  him,  stating  that 
he  owns  land  in  such  county  adjoining  any  district  therein,  or  separated 
therefrom  by  not  more  than  one  quarter  section,  and  that  such  intervening 
land  is  vacant  and  unoccupied,  or  that  its  0\\7ner  is  unknown,  and  that  he 
desires  his  said  land,  together  with  such,  intervening  land,  set  off  to  such 
adjoining  district,  and  his  reasons  for  asking  such  change,  the  board,  upon 
notice  and  hearing  as  in  other  cases,  and  upon  proof  of  the  allegations  of 
the  petition,  may  make  its  order  granting  the  same,  and  like  notice  of  such 
change  shall  be  given  as  in  other  cases.     (1301) 

7.  Districts  to  be  composed  of  adjoining  territory — All  districts  shall 
be  composed  of  adjoining  territory,  and  any  part  of  a  district  not  so  situated, 
and  not  containing  a  school  house  used  as  such,  shall  be  by  the  county  board, 
upon  notice  as  in  other  cases,  attached  to  a  proper  district.     (1302) 

8.  Plats  and  description  of  districts — The  county  auditor  shall  keep  in 
his  office  books  containing  a  correct  plat  and  description  of  each  district 
organized,  whether  wholly  or  partly  in  his  county.     (1303) 

9.  Appeal  from  Order — Any  person  aggrieved  may  appeal  from  such 
order  to  the  district  court  of  the  county  upon  the  following  grounds: 

(1)  That  the  county  board  had  no  jurisdiction  to  act. 

(2)  That  it  has  exceeded  its  jurisdiction. 

(3)  That  its  action  is  against  the  best  interests  of  the  territory  af- 
fected. 

Such  appeal  shall  be  taken  by  serving  upon  the  county  auditor  within 
thirty  days  from  the  making  of  the  order  a  notice  of  appeal,  specifying  the 
grounds  thereof.  The  appellant  shall  also  execute  and  deliver  to  the  auditor 
a  bond  to  the  county  in  the  sum  of  one  hundred  dollars,  to  be  approved  by 
the  county  auditor,  conditioned  for  the  payment  of  all  costs  taxed  against 
the  appellant  on  such  appeal.  Such  further  proceedings  shall  be  had  upon 
such  appeal  as  upon  other  appeals  from  the  county  board.     (1285) 

The  county  board,  as  the  representatives  of  the  public,  to  whom  is  entrusted 
the  matter  of' forming  school  districts,  may  appeal  from  an  order  of  the  district 
court  reversing  its  action. — 43  M.  312. 

When  boards  of  county  commissioners  have  acted  upon  a  petition  to  organize 
a  new  school  district  out  of  parts  of  other  districts  lying  in  different  counties, 
appeal  may  be  taken  by  any  qualified  person  residing  in  any  part  of  the  proposed 
new  district,  to  the  district  court  of  any  county  in  which  is  located  any  part  of  the 
new  territory;  and  when  an  appeal  is  thus  perfected  that  court  acquires  jurisdic- 
tion of  the  subject-matter,  and  the  county  commissioners  of  the  other  counties 
have  no  interest  therein. — P.loomquist  vs.  County  of  Washington,  101  M.  163. 

Although  the  minutes  of  the  county  board  did  not  state  the  precise  question 
acted  upon,  it  not  appearing  that  the  board  lost  jurisdiction  after  receiving  the 
petition,  by  failing  to  cause  the  proper  notices  to  be  published  and  posted,  it  will 
be  presumed  that  the  board  retained  jurisdiction,  considered  the  petition  on  its 
merits,  and  denied  the  same  on  the  ground  appealed  from,  viz.,  that  it  was  not 
in  accord  with  ihe  best  interests  of  the  inhabitants  of  the  proposed  new  district. — 
Bloomquist  vs.  County  of  Washington,   101  M.  163. 

Where  the  countv  board  has  granted  a  petition  for  dividing  a  school  district, 
and  an  appeal  has  been  taken  to  the  district  court,  the  money  in  the  hands  of  the 
district  treasurer,  which  has  been  apportioned  by  the  county  commissioners  to  the 
new  district,  the  treasurer,  for  his  own  protection,  should  retain  and  decline  to  pay 
over  the  same  until  the  legality  of  the  proceedings  has  been  determined  by  the 
court.— Simpson,    Sept.    17,    1909. 


10  SCHOOL.    DISTRICTS. 

10.  Change  of  School  District  boundary  lines — In  villages  or  cities 
of  not  more  than  7,000  inhabitants — Proceedings,  how  commenced — Right  of 
appeal — By  like  proceedings,  and  upon  petition  of  the.  majority  of  the  free- 
holders of  each  district  affected,  qualified  to  vote  at  school  meetings,  the 
boundaries  of  any  existing  district  may  be  changed,  or  two  or  more  districts 
consolidated,  or  one  or  more  districts  annexed  to  an  existing  district.  No 
change  in  the  boundaries  of  a  district  by  organization  of  a  new  district  or 
otherwise  shall  be  made  so  as  to  leave  the  old  district  without  at  least  one 
school  house  used  for  school  purposes,  nor  shall  any  change  of  districts  in 
any  way  affect  the  liabilities  of  the  territory  so  changed  upon  any  bond  or 
other  obligation;  but  any  such  real  estate  shall  be  taxed  for  such  outstand- 
ing liability  and  interest,  as  if  no  change  had  been  made.  In  case  of  the 
consolidation  or  annexation  of  districts,  whether  under  the  foregoing  or  any 
other  provisions  of  the  law,  action  shall  be  brought  by  or  against  the  new  or 
remaining  district  upon  any  cause  existing  in  favor  of  or  against  any  dis- 
continued district,  but  a  judgment  in  such  action  against  such  existing  dis- 
trict shall  be  satisfied  only  from  taxes  upon  the  real  property  included  in 
the  discontinued  district  when  the  liability  was  incurred. 

Provided,  that  when  any  incorporated  borough,  village  or  city  of  not 
more  than  seven  thousand  inhabitants  is  already  or  partly  included  within 
the  boundaries  of  any  such  common  school  district,  or  whenever  any  such 
common  school  district  shall  include  within  or  partly  within  its  boundaries 
any  incorporated  borough,  village  or  city  of  not  more  than  seven  thousand 
inhabitants,  the  boundaries  of  such  school  districts  may  be  enlarged  so  as 
to  include  all  lands  within  the  corporate  limits  of  said  borough,  city  or 
village,  or  so  as  to  include  lands  within  and  outside  of  such  incorporated 
borough,  village  or  city,  but  lying  contiguous  to  said  district  in  the  follow- 
ing manner,  to-wit. 

Whenever  a  majority  of  the  legal  voters  residing  within  such  school  dis- 
trict shall  petition  the  board  of  county  commissioners  of  the  county  wherein 
such  district  is  situated  for  an  enlargement  of  such  district,  and  shall  file  a 
petition  with  the  auditor  of  said  county,  it  shall  be  the  duty  of  the  board 
of  county  commissioners,  at  its  next  regular  meeting,  or  special  meeting, 
to  set  a  time  and  place  for  hearing  upon  such  petition,  and  it  shall  cause  a 
copy  of  the  notice  of  such  hearing  to  be  posted  in  some  public  place  in  each 
district  to  be  affected  by  such  proposed  change,  and  a  copy  thereof  to  be 
served  upon  the  clerk  of  each  of  said  districts  at  least  ten  (10)  days  before 
the  time  appointed  for  such  hearing.  The  posting  of  such  copy  of  notice 
shall  be  proven  by  the  affidavit  of  the  person  posting  the  same;  said  affidavit 
shall  state  the  time  and  place  of  posting  and  serving  of  the  copy  of  notice 
as  herein  specified,  and  upon  filing  proof  of  the  posting  and  serving  of  such 
notice  in  the  office  of  the  county  auditor,  the  board  of  county  commissioners 
shall  at  the  time  and  place  fixed  proceed  with  the  consideration  of  such  mat- 
ter and  shall  hear  all  evidence  offered  by  any  person  interested  tending  to 
show  what  territory  should  be  included  within  such  district;  and,  having 
heard  the  evidence,  they  shall,  if  they  find  it  conducive  to  the  good  of  the 
inhabitants  of  the  territory  affected,  proceed  to  enlarge  the  said  school 
district  .as  asked  for  in  the  petition,  and  to  fix  the  boundaries  thereof  and 
of  all  the  remaining  school  districts  thereby  affected,  attaching  to  or  detach- 
ing contiguous  territory  to  or  from  any  of  such  districts,  in  such  manner 


SCHOOL.    DISTRICTS.  11 

as  in  their  judgment  the  best  interests  of  the  persons  and  districts  thereby 
affected  may  require.  Provided,  that  no  action  or  order  changing  any 
boundaries  of  any  school  district  shall  be  valid  unless  and  until  the  fore- 
going requirements  as  to  posting  and  serving  of  notices  have  been  observed; 
and  provided  further,  that  whenever  the  territory  affected  by  any  of  the 
foregoing  proceedings  lies  in  two  or  more  counties,  like  proceedings  shall 
be  had  in  each  county  affected,  and  no  order  in  such  proceeding  shall  be 
valid  unless  concurred  in  by  the  county  boards  of  all  such  counties  affected. 

At  the  time  of  making  such  division,  enlargement  or  change  of  bounda- 
ries, the  county  commissioners  shall  apportion  to  the  district  so  enlarged 
that  portion  of  the  debts  of  said  other  districts  as  may  seem  to  them  right 
and  proper,  and  said  apportionment  when  so  made  shall  be  binding  upon  all 
the  districts  affected,  and  the  county  commissioners  may  also  apportion  to 
said  districts  so  enlarged  such  portion  of  the  property  of  such  other  districts 
as  shall  seem  to  them  just  and  proper.  Said  last  mentioned  apportionment 
shall  be  subject  to  review  by  the  district  court. 

And  provided,  further,  that  any  person  or  officer  of  any  school  district 
aggrieved  by  any  order  of  the  county  board  made  pursuant  to  the  provisions 
of  this  section  may  appeal  to  the  district  court  from  such  order,  such  appeal 
to  be  governed  by  the  provisions  of  Section  1285,  Revised  Laws  1905.  (Sec- 
tion 1286,  R.  L.  1905,  as  amended  by  chap.  188,  G.  L.  1907,  as  amended  by 
chap.  13,  G.  L.  1909,  as  amended  by  chap.  264,  G.  L.  1911.) 

If  a  part  of  a  district  is  separated  from  it  by  annexation  to  another,  or  by 
the  erection  of  a  new  district,  the  old  district  still  retains  all  its  property  and  is 
responsible  for  all  its  debts,  unless  some  other  provision  is  made  by  the  act 
authorizing  the  separation. — 40  M.  13. 

Divisions  and  awards  of  moneys,  funds,  etc.,  made  by  the  county  board,  are 
governed  by  the  rules  applicable  to  other  awards.  Technical  precision  is  not  re- 
quired, but  there  must  be  no  uncertainty  as  to  intention. — 67  M.  402. 

Upon  a  division  of  a  district,  the  county  board  cannot  abrogate  nor  modify 
contracts  of  the  old  district;  but  should  make  an  order  fixing  the  liability  arising 
out  of  such  contracts.  The  old  district  is  liable  on  contracts  entered  into  prior 
to  division,  unless  the  county  board  provide  otherwise. — Young,   page   201. 

An  old  district,  out  of  a  part  of  which  a  new  district  has  been  formed  cannot 
afterwards  vote  a  tax  upon  the  new  district  to  pay  bonds  issued  prior  'to  such 
division;  but  in  case  of  failure  of  the  new  district  to  levy  its  share  of  the  tax  the 
county  auditor,  under  Sec.  787,  R.  L.,  may  levy  its  proportionate  share  and  extend 
it  on  the  tax  lists.  Such  tax  should  be  levied  upon  both  real  and  personal  property 
— Young,  page  183. 

A  tax  levied,  but  not  collected,  before  the  division  is  subject  to  distribution 

Childs,  June  29,  1894. 

Upon  division  of  a  school  district  moneys  on  hand  raised  for  the  purpose  of 
building  a  school  house  are  subject  to  division. — Childs,  Sept.  18,  1893. 

11.  Division  of  funds  where  new  school  districts  are  formed — That  when- 
ever the  boundaries  of  any  school  district  are  changed,  or  when  a  school 
district  is  formed  from  territory  comprising  two  or  more  districts,  or  wlun. 
any  school  district  is  divided,  the  county  board  shall  make  a  division  of  all 
moneys,  funds  and  credits  belonging  to  such  districts  and  shall  make  an 
award  of  such  moneys,  funds  and  credits  to  the  district  or  districts  affected 
by  such  change,  and  in  making  such  award  the  commissioners  shall  take 
into  consideration  the  indebtedness,  if  any,  of  the  district  so  divided  and 
shall  make  such  division  as  they  deem  just  and  equitable.  (Chap.  109, 
Laws  1907.) 

Where  a  school  district  has  voted  upon  and  carried  the  proposition  to  issue 
bonds,  and  procures  a  loan  from  the  state  for  the  purpose  of  building  a  school 
house,  and  such  money  has  been  received  from  the  state,  and  thereaafter  the 
school  district  is  divided,  a  new  district  being  formed  out  of  part  thereof  the 
money  so  received  and  in  the  treasury  of  the  district  at  the  time  of  the  formation 
of  the  new  district,  should  be  taken  into  consideration  by  the  county  commission 


12  SCHOOL.    DISTRICTS. 

ers,  in  making  the  apportionment  of  funds  and  credits,  as  provided  by  law. — 
Simpson,  Jan.   11,   1910. 

At  the  time  of  making-  the  order  for  the  formation  of  a  new  district,  the  county 
commissioners  should  arrange  for  a  division  of  the  funds  and  credits  between  the 
school  districts  affected  by  such  order,  upon  an  equitable  basis,  but  if  the  division 
is  not  made  at  that  time,  it  can  be  made  at  a  later  meeting  of  the  board,  although 
the  safer  course  is  as  first  stated.  It  is  not  necessary  for  the  petition  for  the  forma- 
tion of  a  new  school  district  to  call  for  a  division  of  the  funds;  such  a  division  is 
provided  bv  law. — Simpson,  June  24,   1909. 

"When  the  county  board  has  made  an  order  detaching  territory  from  a  school 
district,  as  orovided  by  Chapter  13,  G.  L.  1909,  and  an  appeal  has  been  taken  from 
the  order  of  the  district  court,  and  the  matter  is  pending  there,  such  appeal  sus- 
pends the  operation  of  the  order,  and  until  it  is  determined  the  status  of  the  terri- 
tory in  question  remains  the  same  as  though  no  order  had  been  entered,  and  is 
taxable  in  the  old  district.— Simpson,   Nov.   8,   1909. 

After  a  new  school  district  is  organized,  pupils  within  the  territory  comprising 
such  new  district  are  supposed  to  attend  school  in  that  district.  If  they  attend  in 
the  old  district,  it  will  be  competent  for  the  old  school  board  to  require  payment 
of  tuition.  There  is  no  provision  of  law  to  the  effect  that  upon  such  division  the 
scholars  whose  residence  is  within  the  new  district  may  attend  school  in  the  old 
district  to  the  end  of  the  current  year. — Simpson,  May  5,  1910. 

12.  Duties  of  county  auditor — When  a  school  district  has  been  formed 
from,  territory  comprising  two  or  more  districts,  or  where  a  school  district 
has  been  divided  and  the  county  board  has,  by  resolution,  made  a  division 
of  the  moneys,  funds  and  credits  belonging  to  such  districts,  the  auditor  of 
the  county  shall  be  required  to  make  a  division  of  all  the  moneys,  funds  and 
credits  evidenced  by  the  records  in  his  office  pursuant  to  and  as  required  by 
said  resolution.     (Chap.  109,  Laws  1907.) 

13.  Districts  in  two  or  more  counties — Whenever  the  territory  affected 
by  any  of  the  foregoing  proceedings  lies  in  two  or  more  counties,  like  pro- 
ceedings shall  be  had  in  each  county  affected,  and  no  order  in  such  proceed- 
ings shall  be  valid  unless  concurred  in  by  the  county  boards  of  all  such 
counties.     (1287) 

14.  Nominal  districts — Any  district  in  which  for  two  years  no  school 
has  been  held  may  be  dissolved  by  the  county  board,  and  its  territory  at- 
tached to  one  or  more  existing  districts,  upon  notice  as  in  other  cases  of 
change  of  boundaries,  in  the  most  equitable  manner  possible,  and  with  re- 
gard to  the  convenience  of  the  inhabitants;  and  any  funds  belonging  to  such 
dissolved  district  after  the  payment  of  its  debts  shall  be  distributed  among 
such  districts  by  the  auditor  in  proportion  to  the  assessed  value  of  the  real 
property  so  attached  to  each.     (1288) 

15.  Change  of  common  or  special  to  independent  districts — Any  com- 
mon or  special  district  may  be  changed  to  an  independent  district  as  here- 
inafter provided;  but  no  independent  district,  unless  it  comprise  an  entire 
township  or  municipality,  shall  be  formed,  containing  less  than  five  hun- 
dred inhabitants.     (1295) 

A  common  school  district  may  organize  as  an  independent  one  at  a  special 
meeting;  and  if  the  board,  prior  to  re-organization,  has  entered  into  contracts 
with  teachers,  such  contracts  are  valid,  and  the  district  will  be  bound  to  pay  such 
teachers  for  five  months  from  the  date  specified  in  the  contracts  as  the  date  when 
the  school  shall  commence. — Young,  page  195. 

16.  Notice  of  meeting — To  effect  such  change,  ten  days'  posted  notice 
of  a  meeting  shall  be  given,  signed  by  six  or  more  resident  freeholders,  stat- 
ing the  object  of  the  meeting,  and  notifying  the  voters  of  said  district  to 
assemble  upon  a  specified  day,  at  a  place  in  said  district  named  in  said  no- 
tice, then  and  there  to  vote  by  ballot  upon  the  question  of  organization  as 
an  independent  district.     (1296) 


SCHOOL,    DISTRICTS.  13 

17.  Vote  upon  change — At  the  time  and  place  mentioned  in  said  notice, 
the  electors  assembled  shall  appoint  a  chairman,  assistant  chairman,  and 
clerk,  who  shall  be  the  judges  of  such  election.  The  voting  shall  be  by  bal- 
lot, and  those  favoring  such  change  shall  write  upon  their  ballots,  "Inde- 
pendent district — Yes,"  and  those  against,  "Independent  district — No." 
(1297) 

Women  have  a  right  to  vote  on  the  question  of  change  from  common  to  inde- 
pendent school  districts,  and  on  all  questions  involving  the  interests  of  the  dis- 
trict. — Donahower,  page  132. 

18.  Meeting  to  elect  officers — If  a  majority  of  votes  cast  be  in  favor  of 
the  change,  the  clerk  shall  forthwith  give  notice  thereof  to  the  county 
auditor,  and,  within  twenty  days  thereafter,  shall  call  a  meeting  to  elect 
officers,  upon  ten  days'  posted  notice,  and  the  same  proceedings  shall  there- 
after be  had  as  in  the  organization  of  other  independent  districts;  and  the 
officers  of  the  common  or  special  district  shall  act  as  officers  of  the  new 
district  until  the  qualification  of  officers  and  organization  of  the  new  board. 
(1298) 

19.  Dissolving  independent  districts — Any  independent  district  may 
change  its  organization  to  that  of  a  common  school  district  by  a  vote,  by 
ballot,  of  two-thirds  of  the  electors  voting  upon  the  question  at  any  annual 
or  special  meeting;  notice  having  been  given  that  such  question  would  be 
submitted  at  such  meeting.  In  case  of  such  affirmative  vote,  the  meeting 
shall  elect  the  proper  officers  in  the  same  manner  as  in  the  organization  of 
a  common  school  district,  and  the  chairman,  treasurer,  and  clerk  of  the 
independent  district  shall  be  the  chairman,  treasurer,  and  clerk,  respectively, 
and  shall  constitute  the  board  of  the  common  district  until  their  successors 
shall  qualify,  and  the  common  district  shall  in  all  things  be  the  successor 
of  the  independent  district.     (1299) 

"When  an  independent  district  has  been  dissolved  pursuant  to  statute,  no  pre- 
sumption arises  of  its  continued  existenee  from  the  fact  that  certain  inhabitants 
have  persisted  in  the  usurpation  of  corporate  powers. — 65  M.  406. 

20.  Rehearing  before  county  board — When  the  boundaries  of  any  dis- 
trict have  been  changed  by  order  of  the  county  board,  if  there  shall  be  filed 
with  the  auditor  a  petition  to  such  board  for  rehearing,  signed  by  not  less 
ihan  five  freeholders,  legal  voters  in  said  district,  the  auditor  shall  present 
the  same  to  the  board  at  its  next  meeting.  The  board  shall  thereupon  set  a 
time  and  place  for  rehearing,  and  shall  cause  notice  thereof  to  be  served 
on  the  clerks  of  the  districts  affected  by  such  change,  and  posted  as  in  case 
of  the  original  petition.  The  hearing  may  be  adjourned  from  time  to  time, 
and  the  board  shall  make  such  order  in  the  premises  as  it  shall  deem  just. 
(1300) 

21.  Procedure  for  consolidation  of  school  districts — Two  or  more  school 
districts  of  any  kind  may  be  consolidated,  either  by  the  formation  of  a  new 
district  or  by  annexation  of  one  or  more  districts,  to  an  existing  district  in 
which  is  maintained  a  state  graded,  semi-graded  or  high  school,  as  herein- 
after provided. 

A  district  so  formed  by  consolidation  or  annexation  shall  be  known 
as  a  consolidated  school  district.  Before  any  steps  are  taken  to  organize 
a   consolidated   school   district  the   superintendent  of  the   county   in   which 


14  SCHOOL    DISTRICTS. 

the  major  portion  of  territory  is  situated  from  which  it  is  proposed 
to  form  a  consolidated  school  district  shall  cause  a  plat  to  be  made 
showing  the  size  and  boundaries  of  the  new  district,  the  location  of 
the  school  houses  in  the  several  districts,  the  location  of  other  ad- 
joining school  districts  and  of  school  houses  therein,  together  with 
such  other  information  as  may  be  of  essential  value,  and  submit  the 
same  to  the  superintendent  of  public  instruction,  who  shall  approve,  modify 
or  reject  the  plan  so  proposed  and  certify  his  conclusions  to  the  county  super- 
intendent of  schools.  To  receive  state  aid  as  a  consolidated  school  of 
Class  A  or  Class  B,  as  denned  in  this  act,  the  consolidated  district  must 
contain  not  less  than  eighteen  sections,  and  to  receive  state  aid  as  a  con- 
solidated school  of  Class  C,  not  less  than  twelve  sections;  but  any  existing 
school  district  of  at  least  such  area  shall  have  the  rights  and  privileges  of 
a  consolidated  school  district.  A  consolidated  school  district  of  less  than 
twelve  sections  may  be  formed  as  herein  provided,  but  shall  not  be  entitled 
to  receive  special  state  aid  as  herein  provided  for.     (Sec.  1,  C.  207,  1911.) 

22.  Duties  of  County  Superintendent — After  approval  by  the  superin- 
tendent of  public  instruction  of  the  plan  for  the  formation  of  a  consolidated 
school  district,  and  upon  presentation  to  the  county  superintendent  of  a 
petition  signed  and  acknowledged  by  at  least  twenty-five  (25)  per  cent  of 
the  resident  freeholders  of  each  district  affected,  qualified  to  vote  at  school 
meetings,  asking  for  the  formation  of  a  consolidated  school  district  in  ac- 
cordance with  the  plans  approved  by  the  superintendent  of  public  instruc- 
tion, the  county  superintendent  shall,  within  ten  days,  cause  ten  days'  posted 
notice  to  be  given  in  each  district  affected,  and  one  week's  published  notice, 
if  there  be  a  newspaper  published  in  such  district,  of  an  election  or  special 
meeting  to  be  held  within  the  proposed  district,  at  a  time  and  place  specified 
in  such  notice,  to  vote  upon  the  question  of  consolidation.  (Sec.  2,  C.  207, 
1911.) 

23.  Election  of  officers — At  such  meeting  the  electors,  not  less  than 
twenty-five  (25)  being  present,  shall  elect  from  their  number  a  chairman  and 
clerk,  who  shall  be  the  ofiicers  of  the  meeting.  The  chairman  -shall  appoint 
two  tellers,  and  the  meeting  and  election  shall  be  conducted  as  are  annual 
meetings  in  common  and  independent  districts.  The  vote  at  such  election 
or  meeting  shall  be  by  ballot,  which  shall  read  "For  Consolidation,"  or 
"Against  Consolidation."  The  officers  at  such  meeting  or  election  shall, 
within  ten  days  thereafter,  certify  the  result  of  the  vote  to  the  superintend- 
ent of  the  county  in  which  cuch  district  mainly  lies.  If  a  majority  of  the 
votes  cast  be  for  consolidation,  the  county  superintendent  within  ten  days 
thereafter  shall  make  proper  orders  to  give  effect  to  such  vote,  and  shall 
thereafter  transmit  a  copy  thereof  to  the  auditor  of  each  county  in  which 
any  part  of  any  district  affected  lies,  and  to  the  clerk  of  each  district  affect- 
ed, and  also  to  the  superintendent  of  public  instruction.  If  the  order  be  for 
the  formation  of  a  new  district,  it  shall  specify  the  number  of  such  district. 
The  county  superintendent  shall  also  cause  ten  days'  posted  notice,  and  one 
week's  published  notice,  if  there  be  a  newspaper  published  in  such  district, 
to  be  given  of  a  meeting  to  elect  ofiicers  of  the  newly  formed  consolidated 
school  district;  provided,  that  a  consolidated  district  shall  upon  its  forma- 
tion become  an  independent  district,  with  the  powers,  privileges  and  duties 


SCHOOL,    DISTRICTS.  15 

now  conferred  by  law  upon  independent  districts.  After  the  formation  of 
any  consolidated  school  district,  appeal  may  be  taken  as  now  provided  Dy 
law  in  connection  with  the- formation  of  other  school  districts.  Nothing  in 
this  act  shall  be  construed  to  transfer  the  liability  of  existing  bonded  indebt- 
edness from  the  district  or  territory  against  which  it  was  originally  incurred. 
(Sec.  3,  C.  207,  1911.) 

24.  Consolidation  with  other  districts — In  like  manner,  one  or  more 
school  districts  may  be  consolidated  with  an  existing  district  in  which  is 
maintained  a  state  high,  graded  or  semi-graded  school,  in  which  case  the 
school  board  of  the  district  maintaining  a  state  high,  graded  or  semi-graded 
school  shall  continue  to  be  the  board  governing  the  consolidated  school  dis- 
trict, until  the  next  annual  school  meeting,  when  successors  to  the  members 
whose  terms  then  expire  shall  be  elected  by  the  legally  qualified  voters  of 
the  consoidated  school  district;  provided,  however,  that  in  the  case  of  con 
solidation  with  a  school  district  in  which  there  is  maintained  a  state  high 
or  state  graded  school,  consolidation  shall  be  effected  by  vote  of  the  rural 
school  districts  only,  in  the  manner  provided  under  this  act,  and  by  the  ap- 
proval of  such  consolidation  of  the  rural  district  or  districts  with  the  one  in 
which  there  is  maintained  a  state  high  or  graded  school,  by  the  school  board 
thereof.     (Sec.  4,  C.  207,  1911.) 

25.  Certificate  by  officers — The  officers' of  the  several  districts  forming 
a  consolidated  school  district  shall  within  ten  days  from  receipt  of  copy  ol 
the  order  of  the  county  superintendent  certifying  the  formation  of  the  new 
district,  or  immediately  after  the  election  and  qualification  of  members  of 
the  school  board  in  the  consolidated  school  district,  turn  over  to  the  proper 
officers  of  the  newly  elected  school  board,  or  to  the  proper  officers  of  the 
school  board  in  the  district  maintaining  the  state  high  or  graded  school,  all 
records,  funds,  credits  and  effects  of  their  several  districts.  (Sec.  5,  C.  207, 
1911.) 

26.  Powers  of  consolidated  board— For  the  purpose  of  promoting  a  bet- 
ter condition  in  rural  schools,  and  to  encourage  industrial  training,  includ- 
ing the  elements  of  agriculture,  manual  training  and  home  economics,  the 
board  in  a  consolidated  school  district  i?  authorized  to  establish  schools  of 
two  or  more  departments,  provide  for  the  transportation  of  pupils,  or  ex- 
pend a  reasonable  amount  for  room  and  board  of  pupils  whose  attendance 
at  school  can  more  economically  and  conveniently  be  provided  for  by  such 
means;  locate  and  acquire  sites  of  not  less  than  two  acres,  and  erect  neces- 
sary and  suitable  buildings  thereon,  when  money  therefor  has  been  voted 
by  the  district.  They  shall  submit  to  the  superintendent  of  public  instruc- 
tion a  plat  of  the  school  grounds,  indicating  the  site  of  the  proposed  build- 
ings, plans  and  specifications  for  the  school  building  and  its  equipment,  and 
the  equipment  of  the  premises. 

It  shall  be  the  duty  of  the  superintendent  of  public  instruction,  with  re- 
spect to  schools  in  consolidated  districts,  to  approve  plans  of  sites,  of  build- 
ings and  their  equipment  and  the  equipment  of  the  premises;  to  prepare? 
suggestive  courses  of  study,  including  an  industrial  course;  to  prescribe  the 
qualifications  of  the  principal  and  other  teachers,  and  through  such  super- 
visors as  he  may  appoint,  and  in  connection  with  the  county  superintendent, 


16  SCHOOL,    DISTRICTS. 

exercise  general   supervision   over   said   consolidated   schools.      (Sec.    6,    C. 
207,  1911.) 

27.  Procedure  for  receiving  state  aid — (1)  For  the  purpose  of  receiving 
state  aid,  schools  in  consolidated  districts  shall  be  classified  as  A,  B  and  C. 
They  shall  be  in  session  at  least  eight  months  in  the  year,  and  be  well  organ- 
ized. They  shall  have  suitable  school  houses,  with  the  necessary  rooms  and 
equipment.  Those  belonging  to  Class  A  shall  have  at  least  four  departments: 
those  of  Class  B  three  departments;  and  those  of  Class  C  two  departments. 
The  board  in  a  consolidated  school  district  maintaining  a  school  of  either 
class  shall  arrange  for  the  attendance  of  all  pupils  living  more  than  two 
miles  from  the  school,  through  suitable  provision  for  transportation,  or  for 
the  board  and  room  of  such  as  may  be  more  economically  and  conveniently 
provided  for  by  such  means. 

(2)  The  principal  of  a  school  coming  under  Class  A  shall  hold  at  least  a 
diploma  from  the  advanced  course  of  a  state  normal  school,  and  be  qualified 
to  teach  the  elements  of  agriculture,  as  determined  by  such  tests  as  are  re- 
quired by  the  superintendent  of  public  instruction.  A  school  of  this  class 
shall  have  suitable  rooms  and  equipment  for  industrial  and  other  work,  a 
library,  and  necessary  apparatus  and  equipment  for  efficient  work,  and  a 
course  of  study  embracing  such  branches  as  may  be  prescribed  by  the  super- 
intendent of  public  instruction. 

(3)  The  principal  of  a  school  coming  under  Class  B  or  C  shall  hold  at 
least  a  state  first  grade  certificate,  and  in  other  respects  these  schools  shall 
comply  with  the  requirements  of  schools  under  Class  A,  so  far  as  this  may 
be  practicable,  in  accordance  with  requirements  fixed  by  the  superintendent 
of  public  instruction.  Teachers  other  than  the  principal,  including  special 
teachers,  shall  possess  such  qualifications  as  are  required  of  teachers  in 
state  graded  schools. 

(4)  Besides  maintaining  schools  in  consolidated  districts  conforming  to 
the  requirements  of  those  coming  under  Classes  A,  B  and  C,  the  school 
board  may  maintain  other  schools  of  not  more  than  two  rooms,  and  receive 
state  aid  for  these  as  provided  for  semi-graded  and  rural  schools.  (Sec.  7, 
C.  207,  1911.) 

28.  Aid  for  the  various  districts — Schools  under  Class  A,  in  consolidated 
districts,  shall  receive  annually  state  aid  of  fifteen  hundred  ($1,500)  dollars: 
those  under  Class  B,  one  thousand  ($1,000)  dollars;  those  under  Class  C, 
seven  hundred  and  fifty  ($750)  dollars;  and  in  addition  to  such  annual  aid 
a  school  of  any  of  the  above  classes  shall  receive  an  amount  to  aid  in  the 
construction  of  a  building  equal  to  twenty-five  (25')  per  cent  of  the  cost  of 
said  building,  but  no  district  shall  receive  more  than  a  total  of  fifteen  hun- 
dred ($1,500)  dollars  for  aid  in  the  construction  of  buildings.  The  annual 
aid  and  the  aid  for  building  shall  be  paid  in  the  same  manner  as  now  pro- 
vided by  law  for  the  payment  of  other  state  aid  to  public  schools.  Whenever 
any  school  in  a  consolidated  district  attains  the  rank  of  state  high  or  graded 
school,  it  shall  possess  the  rights  and  privileges  of  such  school.  (Sec.  8, 
C.  207,  1911.) 

29.  Sections  and  chapters  repealed — Sections  1289,  1290,  1291,  1292,  1293, 
Revised  Laws  of  1905,  and  Chapter  326,  Session  Laws  of  1905,  and  Chapter 


SCHOOL    MEETINGS.  17 

304,  Session  Laws  of  1907,  and  other  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed.     (Sec.  9,  C.  207,  1911.) 

30.  When  new  districts  are  formed — In  case  of  the  formation  of  a  new 
district,  like  proceedings  shall  be  had  within  ten  days  after  the  organization 
of  such  district,  and  in  all  cases  of  change  of  boundaries  or  consolidation  of 
districts  the  title  to  school  houses  and  sites  shall  vest  in  the  district  in 
which  such  property  is  included  after  such  change  or  consolidation;  and  in 
case  of  consolidation  the  officers  of  the  old  districts  shall  continue  to  exer- 
cise their  duties  until  the  officers  of  the  new  district  qualify.     (1294) 


CHAPTER   II. 

SCHOOL  MEETINGS. 


31.  School  meetings — The  annual  meeting  of  all  common  and  inde- 
pendent districts* shall  be  held  on  the  third  Saturday  in  July,  at  7  o'clock 
p.  m.,  unless  a  different  hour  has  been  fixed  at  the  preceding  annual  meet- 
ing, upon  ten  days'  posted  notice  given  by  the  clerk,  and  specifying  the 
matters  to  come  before  such  meeting;  but  the  failure  of  the  clerk  to 
give  such  notice,  or  to  specify  the  business  to  be  transacted  thereat  shall 
not  affect  the  validity  of  any  business,  except  the  raising  of  money  to  build 
or  purchase  a  school  house,  the  authorizing  of  an  issue  of  bonds,  the  fixing 
of  a  school  house  site,  the  organization  as  an  independent  district,  or  the 
change  from  an  independent  to  a  common  district.  The  boards  of  education 
or  trustees  in  special  school  districts  may  fix  the  time  of  the  annual  meeting, 
when  so  authorized  by  vote  of  the  district;  provided,  that  the  polls  at  all 
school  meetings  shall  be  held  open  at  least  one  hour.     (1305) 

The  time  and  place  of  an  annual  meeting-  need  not  be  designated  at  the  last 
preceding-  annual  meeting.— 12  M.  17   (Gil.   1). 

A  notice  of  meeting  over  the  signature  of  five  or  more  freeholders,  qualified 
electors  of  the  district,  but  which  fails  to>  recite  on  its  face  that  the  signers  were 
such  freeholders,  is  not  void  for  want  of  such  recital. — 45  M.   88. 

When  the  polls  at  a  school  meeting  have  been  held  open  for  one  hour  and  the 
ballots  counted,  they  cannot  thereafter  be  opened  and  another  ballot  taken,  even 
when  there  has  been  no  choice. 

At  the  election  of  school  officers,  a  plurality  of  votes  only  is  necessary  to  a 
choice,  and  not  a  majority  of  all  the  votes  cast  under  sec.  1308,  R.  L. — Young, 
July,   1906. 

A  school  meeting  may  be  held  open  until  the  business  is  transacted,  whether 
it  be  for  an  hour  or  more,  under  sec.  1305. — -Young,  p.   185. 

The  term  "posted  notice"  shall  mean  the  posting  at  the  beginning  of  the  pre- 
scribed period  of  notice,  of  a  copy  of  the  notice  or  document  referred  to,  in  a 
manner  likely  to  attract  attention,  in  each  of  three  of  the  most  public  places  in 
the  district  to  which  the  subject-matter  of  the  notice  relates,  or  in  which  the 
thing  of  which  notice  is  given  is  to  occur  or  be  performed.  (Sub.  14,  sec.  5514, 
R.  L.  1905.) 

32.  District  clerk  to  mail  notice  of  annual  meeting — The  annual  school 
meeting  of  any  common  school  district  may  in  its  discretion  authorize  and 
direct  the  district  clerk  to  mail  a  notice  of  annual  and  special  school  meetings 
to  the  electors  of  the  district,  at  least  five  days  before  the  date  of  the  meeting; 
provided,  that  the  failure  or  neglect  of  the  clerk  to  mail  such  notice  shall 
not  affect  or  invalidate  the  said  meeting  or  the  business  transacted  thereat. 
(C.  357,  1911.) 


18  SCHOOL,    MEETINGS. 

33.  Polls  to  be  open  from  6  a.  m.  to  7  p.  m. — In  all  independent  school 
districts  in  this  state  containing  a  population  of  fifty  thousand  (50,000)  in- 
habitants or  over,  to  be  based  upon  the  census  last  preceding  the  election, 
and  in  which  independent  school  district  elections  are  held  exclusively  for 
school  purposes,  and  separate  from,  and  at  different  dates  from  city  and 
state  elections,  the  polls  at  such  school  elections  shall  be  opened  at  six  (6) 
o'clock  a.  m.  on  the  day  of  such  election,  and  shall  remain  open  for  pur- 
poses of  voting  until  seven  (7)  o'clock  p.  m.  on  said  day.  (Chap.  278,  Laws 
1907.) 

34.  Special  school  meetings — Upon  the  written  request  of  five  free- 
holders and  voters  of  a  district,  specifying  the  business  to  be  acted  upon, 
the  clerk  shall  call  a  special  meeting  of  such  district  upon  ten  days'  posted 
notice  and  one  week's  published  notice,  if  there  be  a  newspaper  printed  in 
such  district,  and  shall  specify  in  such  notice  the  business  named  in  such 
request,  and  the  time  and  place  of  meeting.  If  there  be  no  clerk  in  the 
district,  or  if  he  fails  for  three  days  after  receiving  such  request  to  give 
notice  of  such  meeting,  it  may  be  called  by  like  notice  signed  by  five  free- 
holders and  voters  of  the  district.  No  business  except  that  named  in  the 
notice  shall  be  transacted  at  such  meeting.     (1306) 

The  powers  of  a  school  district  are  the  same  at  a  special  as  at  an  annual 
meeting.— 12  M.  17  (Gil.  1). 

When  two  requests  or  petitions  for  meetings  to  consider  different  matters, 
are  filed,  it  is  immaterial  which  meeting  is  first  called;  though  the  natural  and 
orderly  course  is  to  call  the  meetings  in  the  order  in  which  requests  were  filed. — 
Young,  May,  1907. 

When  a  petition  is  filed  with  the  clerk  for  a  special  meeting,  it  is  his  duty  to 
call  such  meeting  by  posted  and  published  notices;  and  if  he  fail  to  do  so,  such 
meeting  may  be  called  by  like  notices  signed  by  five  freeholders  of  the  district. 
It  is  neither  necessary  nor  proper  that  the  board  act  upon  such  petition  or  request. 
—Young,   May,   1907. 

The  statute  does  not  designate  who  is  to  preside  at  a  special  meeting;  hence 
a  moderator  selected  to  preside  is  the  proper  person  to  preside,  the  same  as  at 
an  annual  meeting;  and  he  is  the  proper  judge  of  the  qualifications  of  voters 
and  to  have  charge  of  the  polling  of  the  vote;  but  it  is  probable  that  an  appeal 
from  his  rulings  will  lie  the  same  as  in  the  case  of  similar  officers. — Young,  May, 
1907. 

A  special  school  meeting  to  bond  a  school  district  to  build  a  new  school  house 
cannot  lawfullv  be  held  on  Memorial  Day,  May  30th,  and  the  state  board  of  invest- 
ment would  not  accept  bonds  voted  on  that  day,  and  would  not  loan  state  money 
thereon. — Simpson,  June  8,   1910. 

It  is  not  proper  fo.r  the  electors  at  a  special  school  meeting  to  appoint  a 
building  committee  consisting  of  two  members  of  the  board  and  one  outsider,  to 
dispose  of  an  old  school  house,  and  let  a  contract  for  a  new  one.  When  a  school 
district  votes  to  build  a  school  house,  designates  a  site  and  provides  funds  for 
the  purpose,  the  trustees  of  the  district  are  charged  with  the  duty  of  executing 
the  will  of  the  district  in  the  premises. — Simpson,  July  22,   1909. 

35.  Women — Women  may  vote  for  school  officers  and  members  of 
library  boards,  and  shall  be  eligible  to  hold  any  office  pertaining  to  the 
■management  of  schools  or  libraries.  Any  woman  of  the  age  of  twenty-one 
years  and  upward  and  possessing  the  qualifications  requisite  to  a  male,  voter, 
may  vote  at  any  election  held  for  the  purpose  of  choosing  any  officers  of 
schools  or  any  members  of  library  boards,  or  upon  any  measure  relating  to 
schools  or  libraries,  and  shall  be  eligible  to  hold  any  office  pertaining  to  the 
management  of  schools  and  libraries.     (Art.  7,  Sec.  8,  State  Constitution.) 

The  office  of  county  superintendent  of  schools  is  an  "office  pertaining  solely 
to  the  management  of  schools."  within  the  meaning  of  art.  7,  §8,  of  the  state 
constitution.  Section  8,  referred  to,  takes  the  matter  of  allowing  women  to  vote 
for,  or  hold  school  offices,  out  from  under  the  provisions  of  the  preceding  sec- 
tions of  art.  7,  and  leaves  it  entirely  within  the  control  of  the  legislature,  sub- 
ject onlv  to  the  restrictions  contained  in  §8  itself.  Under  this  section  the  legis- 
lature has  authority  to  make  women  eligible  to  a  school  office  without  giving  them 


SCHOOL    MEETINGS.  19 

the  right  to  vote  at  an  election  of  such  officer. — State  vs.  Gorton,  33  Minn.  345, 
23  N.  W.  Rep.  529.  Under  this  section  women  are  eligible  to  the  office  of  county 
superintendent  of  schools.  —Id. 

A  woman  who  is  entitled  to  vote,  and  is  a  freeholder,  can  sign  petitions  and 
remonstrances  respecting  the  formation  and  alteration  of  school  districts. — Clapp, 
Aug.  28,  1388. 

A  foreign  born  woman  becomes,  under  the  laws  of  the  United  States,  a  citizen 
when  she  marries  a  citizen,  and,  if  married,  then  when  her  husband  becomes 
a  citizen,  and  if  married  to  a  citizen,  she  may,  if  she  possesses  the  other  neces- 
sary qualifications,  vote  without  taking  out  any  naturalization  papers,  but  to 
entitle  her  to  the  rights  of  citizenship,  her  husband,  if  foreign  born,  must  have 
taken  out  his  full  citizenship  papers,  that  is,  his  second  papers,  so  called. — Clapp, 
April  13,  1887. 

Women  may  vote  upon  the  question  of  fixing  the  site  for  a  school  house. — 
Childs,   Feb.   21,   1895. 

Women  may  vote  upon  the  question  of  the  issuance  of  bonds  for.  the  purpose 
of  erecting  school   buildings. — Childs,   Feb.    21,   1,895. 

Women  twenty-one  years  of  age  and  otherwise  eligible  are  entitled  to  vote  at 
school  meetings  on  question  of  issuance  of  district  bonds. — Douglas,  April  4, 
1899. 

There  is  no  property  qualification  required  to  entitle  a  person  otherwise 
qualified  to  vote  at  an  annual  school  meeting  upon  the  question  of  raising  money 
for  improvements  in  the  district.  The  same  general  qualifications  maintain  as 
for  general  elections. — Simpson,  Aug.  3,  1909. 

36.  Records  to  be  evidence — The  records  of  all  school  districts  and 
boards,  and  all  transcripts  thereof,  or  of  any  part  thereof,  certified  by  the 
clerk  or  other  officer  having  custody  thereof,  shall  be  prima  facie  evidence 
of  the  facts  therein  stated,  and  all  records,  books  and  papers  of  such  dis- 
trict or  board  shall  be  subject  to  the  inspection  of  any  voter  of  the  district. 
(1307) 

A  record  of  a  meeting  which  states  that  it  was  held  "pursuant  to  notice 
previously  given  in  writing  agreeably  to  the  statute"  is  prima  facie  evidence  of  a 
regular  notice.— 12  M.   17   (Gil.   1). 

From  an  allegation  that  a  regular  meeting  was  held  at  which  a  certain  vote 
was  had,  it  will  be  presumed  the  meeting  was  valid. — 31  M.  227. 

37.  Election  and  powers  of  annual  school  meetings — The  annual  meet- 
ing, not  less  than  five  legal  voters  being  present,  shall  have  power: 

1.  To  elect  a  chairman  and  clerk  pro  tern,  if  the  chairman  and  clerk  of 
the  board  be  absent;  but  in  common  and  independent  districts  the  chair- 
man and  clerk  of  the  school  board  shall  officiate  in  their  respective  capaci- 
ties at  all  meetings  of  the  electors  of  the  district. 

2.  To  adjourn  from  time  to  time. 

3.  To  elect  by  ballot  officers  of  the  district.  In  all  elections  or  vote 
by  ballot,  the  clerk  shall  record  the  names  of  all  voters  participating  therein, 
and  the  chairman  shall  appoint  as  tellers  two  disinterested  electors,  who, 
with  the  assistance  of  the  clerk,  shall  supervise  the  balloting  and  canvass 
the  votes. 

4.  To  designate  a  site  for  a  school  house,  and  provide  for  building  or 
otherwise  placing  a  school  house  thereon,  when  proper  notice  has  been 
given,  but  a  site  on  which  a  school  house  stands  or  is  begun  shall  not  be 
changed,  except  by  vote  therefor,  designating  a  new  site,  by  a  majority  of 
the  legal  voters  of  the  district,  who  have  resided  therein  not  less  than  one 
year  prior  to  the  vote. 

5.  To  repeal  and  modify  their  proceedings  from  time  to  time,  in  accord- 
ance with  the  powers  therein  conferred.  (Sec.  1308,  R.  L.  1905,  as  amended 
by  C.  249,  1911.) 

A  school  district  has  authority  to  employ  a  part  of  a  dwelling  house  as  a 
school  house.— 7  M.   203   (Gil.   145). 

A  meeting  must  determine  upon  the  erection  of  a  school  house  or  the  selection 
of  a  site  before  a  tax  can  be  levied  therefor. — 10  M.   433   (Gil.   345). 

A  district  may  at  a  district  meeting,   make  a  promise  that  will  take  a  debt 


20 


SCHOOL,    MEETINGS. 


of  the  district  out  of  the  operation  of  the  statute  of  limitations. — 12  M.  17  (Gil.  11. 

"When  a  district  purchases  a  site  for  a  school  house,  erects  a  school  house 
thereon,  and  continues  to  use  it,  it  will  be  presumed  that  the  site  was  legally 
selected  by  the  voters,  and  that  the  officers  acted  within  the  scolpe  of  their 
authority,  when  all  the  records  relating  to  it  have  been  lost.— 83  M.  111. 

Must  Show  Authority. — As  school  districts  are  mere  creatures  of  law,  estab- 
lished for  special  purposes,  and  derive  all  their  powers  from  the  acts  creating 
them,  it  is  perfectly  just  and  proper  that  they  should  be  obliged  strictly  to  show 
their  authority  for  the  business  they  transact  and  be  confined  in  their  operations 
to  the  mode,  manner  and  subject-matter  prescribed. — School  District  No.  7,  Wright 
County   vs.   J.   H.   Thompson,   5  Minn.,   p.   221. 

"Who  are  the  judges  of  the  special  school  meeting  to  receive  the  vote,  and  to 
decide  who  are  voters?"  I  suppose  the  same  course  would  have  to>  be  pursued 
as  at  the  annual  meeting.  The  moderator  would  have  to  decide  all  questions, 
suhject   to   the   right  of  appeal.— Wilson,    p.   366. 

The  directions  to  contract  for  the  erection  or  lease  of  a  school  house  must 
come  from  a  district  meeting,  and  in  the  powers  conferred  upon  that  meeting 
there  is  no  limitation  as  to  the  amount  which  shall  be  expended  for  the  purposes 
designated,  the  only  limitation  being  as  to  the  amount  of  tax  which  may  be  levied 
in  anv  one  vear.  namely,  six  hundred  dollars. — Robbins  vs.  School  District  No.  1, 
Anoka  County,   10  Minn.,  p.  268. 

The  legal  voters  at  the  annual  or  at  a  special  meeting  have  no  power  to 
select  a  teacher,  or  to  determine  what  salary  shall  be  paid.  These  are  questions 
for  the  district  board,  which  "gets  its  authority,  not  from  the  voters,  but  from  the 
law." 

District   officers   must  be   elected  by  ballot. — Wilson,   p.   352. 

Voters  may  at  a  lawful  meeting  rescind  vote  of  former  meeting  as  to  selecting 
site  and   raising  money  to  build  a  school  house. — Wilson,  p.   366. 

The  proceedings  of  a  school  meeting  presided  over  by  a  moderator  not  elected 
in  due  form  are  valid  if  no  objection  be  made  at  the  time. — Hahn.   p.  477. 

"If  funds  are  not  in  hand,  cannot  the  electors  authorize  the  board  to  borrow 
funds  for  the  purchase  of  a  school  house  site?"  No  authority  is  given  to  school 
districts  to  borrow  money  save  in  the  manner  provided  by  law. — When,  however, 
the  district  has  incurred  an  indebtedness  for  a  puroose  authorized  by  law,  and  the 
payment  of  such  indebtedness  is  postponed  to  a  future  day,  the  district,  in  con- 
sideration of  the  forbearance,  may  contract  to  pay  interest  thereon,  and  for  that 
purpose  may   execute  and    deliver  promissory  notes.— Wilson,   p.    316. 

It  appears  that  the  trustees  built  the  school  house  well  to  the  northern  boundary 
of  the  district,  and  in  so  doing  ignored  the  vote  of  the  district  in  fixing  the  site. 
In  this  they  clearly  exceeded  their  authority,  and  the  district  would  not  be  bound 
by  their  action,   and  could  not  be  compelled  to  pay  for  the  house. — Wilson,   p.   297. 

"In  1S82  the  district  voted  to  accept  two  school  house  sites,  and  did  not  build 
on  them,  and  now  have  accepted  two  others.  Is  it  necessary  to  rescind  the  ac- 
ceptance of  the  first  before  accepting  the  latter?"  Answer:  It  is  not  necessary 
to  rescind  such  action  before  accepting  the  latter. — Clapp,  April  13,  1888. 

The  district  meeting  may  ratify  a  contract  by  the  trustees  for  more  than  five 
months'  school,  and  levy  a  tax  for  the  payment  of  teachers  so  employed. — Cole, 
p.   102. 

If  a  district  votes  to  have  school  for  a  longer  time  than  that  required  by 
law.  it  must  also  vote  adequate  means  to  support  it.  The  trustees  have  no  power 
to  levy  a  tax  to  meet,  the  increased   expense. — Cornell,   p.   256. 

The  annual  school  district  meeting,  if  held  without  the  statutory  notice,  can- 
not vote  money  for  the  building  or  purchasing  of  a  school  house,  or  fix  the  site 
thereof,   but  may  transact  all   other  lawful  business. — Wilson,   p.   324.     . 

Notices  are  not  essential  to  the  legality  of  an  annual  school  meeting,  but 
when  money  is  to  be  raised  to  build  or  buy  a  school  house  or  fix  the  site  thereof, 
wrritten  notices  setting  forth  that  such  money  is  proposed  to  be  raised  or  a  site 
established  must  be  posted  as  prescribed  in  the  law. — Cole,  p.   74. 

A  person  who  is  a  resident  of  a  district  and  legally  qualified  to  vote  at  a  town 
meeting  or  general  election,  is  a  legal  voter  of  such  district,  and  hence  eligible 
to  hold  the  office  of  trustee  therein.  Under  our  constitution,  a  residence  for  the 
purpose  of  voting  is  not  lost  by  reason  of  absence  while  a  student  in  any  seminary 
of  learning. — Cornell,  p.   257. 

The  minor  children  of  any  parent  dulv  naturalized,  and  who  at  the  time  of 
such  naturalization  of  the  parent,  reside  within  the  United  States,  become  citizens 
and  entitled  to  all  the  privileges  of  citizens  immediately  on  their  arriving  at  the 
age   of   twenty-one   years. — Clapp,    April    13,    1887. 

"Is  it  competent  for  a  school  meeting  to  vote  a  term  of  school  other  than  the 
precise  term  mentioned  in  the  notice?"  In  my  judgment  it  is  competent  fwr  a 
district,  at  a  meeting  called  upon  such  notice,  to  vote  any  length  of  term  allowed 
by  law.  While  it  is  tine  that  the  notice  is  to  the  effect  that  a  vote  will  be  taken 
as  to  whether  they  will  have  seven  months'  school  or  not.  it  must  be  borne  in 
mind  that  the  object  of  the  meeteing.  as  gathered  from  the  notice  itself,  is  to 
fix  the  length  of  the  term.  and.  it  coming  within  the  purview  of  the  call,  there  is 
no  question  about  the  right  of  the  district  to  take  such  action.  If  the  notice  for 
the  meeting  stated  the  object  so  precisely  that  no  opportunity  of  choice  and  no 
variation  of  mode  should  be  left  to  the  meeting,  it  would  give  those  whose  duty 
it  is  to  call  the  meeting  a  check  upon  the  free  exercise  of  the  right  vested  in  the 
residents  of  the  district.— Clapp.    Sept.   13.   1887. 

After  a  tax  for  school  district  purposes  has  been  extended  upon  the  tax 
dtmlicate  and  parti v  paid,  it  is  too  late  to  raise  the  question  as  to  its  legality 
before  this  office.  It  must  be  treated  as  regular  and  valid  until  an  adverse  judicial 
determination.— Cole,   pp.    260,   291. 


SCHOOL    MEETINGS.  21 

The  electors  of  a  common  school  district  have  no  power  to  raise  or  appropriate 
its  funds  for  purpose  of  private  tuition  of  the  district's  children  in  attendance 
at  school  of  a  neighboring  district. — Douglas,  April  25,  1899. 

The  powers  of  a  school  district  are  the  same  at  a  special  as  at  am  annual 
meeting.- — Sanborn  vs.  School  District  No.  10,  12  Minn.  17  (Gil.  1).  A  school  dis- 
trict may,  at  a  district  meeting,  make  a  promise  that  will  take  a  debt  out  of  the 
operation  of  the  statute   of  limitations. — Id. 

Neither  the  state  superintendent  nor  the  state  board  of  health  has  authority 
to  make  recommendations  as  to  the  school  house  sites  or  the  removal  or  change 
of  location  of  school  houses. — Donahower,   p.  135. 

A  person  who  is  a  candidate  for  re-election  at  a  school  meeting,  may  act 
in  an  official  capacity  at  such  meeting. — Young,   p.   204. 

When  a  district  at  its  annual  meeting  has  voted  to  keep  eight  months'  school 
and  provided  the  funds,  it  may  afterward  at  a  special  meeting  legally  called  un- 
der sec.  1306,  R.  L.,  change  the  length  of  the  school  term. — Young,  p.   192. 

In  an  independent  district  the  board  may  be  authorized  to  purchase  a  site 
or  change  it,  by  a  majority  vote. — Young,   p.  182. 

The  right  of  a  teacher  to  vote  at  the  place  where  she  is  teaching  depends 
entirely  upon  whether  or  not  she  is  a  resident  of  that  place;  and  residence  is 
largely  a  matter  of  intention.  If  she  is  a  resident,  that  is,  intends  to  make  it  her 
permanent   home,    she  is  entitled   to  vote,    otherwise   not. — Young,    May,    1907. 

A  majority  of  the  legal  voters  present  and  voting  at  a  valid  meeting,  is  suf- 
ficient to  authorize  the  issue  of  bonds  for  the  erection  of  a  school  building;  but 
if  the  meeeting  is  called  to  vote  upon  the  question  of  a  new  school  house  site, 
there  must  be  a  vote  of  the  majority  of  the  legal  voters  who  have  resided  in  the 
district  not  less  than  six  months  prior  to  the  vote,  and  of  two-thirds  of  the  voters 
present  and  voting. — Young,  May,  1907. 

"While  the  question  of  a  new  site  and  of  raising  money  for  a  school  house 
mav  be  voted  upon  in  one  ballot,  it  is  better  practice  to  vote  upon  them  separately. 
—Young,   May,    1907. 

The  mere  fact  that  a  man  owns  a  farm  in  a  school  district  does  not  entitle 
him  to  vote  therein  at  the  annual  school  meeting.  If  he  is  a  resident  of  an  ad- 
joining district,  and  is  otherwise  qualified,  that  is  the  place  for  him  to  vote. — 
Simpson,   July  9,   1909. 

A  special  school  meeting  duly  called  for  the  purpose  of  deciding  upon  a  school 
house  site,  can  be  adjourned  and  the  vote  taken  upon  the  question,  at  an  ad- 
journed meeting,  and  it  would  seem  that  anything  could  be  transacted  at  a  prop- 
erly adjourned  meeting,  that  could  have  been  transacted  at  the  original  meeting. 
—Simpson,  March  25,  1909. 

Notice  of  the  annual  meeting  must  contain  a  provision  for  raising  money 
for  building  purposes,  or  such  action  cannot  be  taken,  as  the  electors  must  be 
fully  apprised  of  the  fact  that  such  matter  will  come  ibefore  the  meeting  for 
consideration,    to    make    any   action    thereon    legal. — Simpson,    July    22,    1909. 

It  is  not  necessary  that  the  question  of  providing  transportation  for  children 
to  and  from  the  school  be  inserted  in  the  call  for  the  annual  school  meeting,  but 
the  district  can  take  such  action  at  the  meeeting  without  it  being  stated  in  the 
call  that  the  question  will  be  considered. — Simpson,  Aug.  4,  1910. 

Before  the  question  of  a  change  of  a  school  house  site  can  be  acted  on,  a 
meeting  must  be  called  as  provided  by  law,  in  the  notice  of  which  the  question 
must  be  stated  clearly  and  definitely  as  to  the  object  of  the  meeting;  where  the 
law  provides  that  a  petition  or  request  shall  be  signed  by  five  freeholders  and 
voters  of  the  district,  it  is  necessary  that  such  signers  be  both  freeholders  and 
voters;  and  women  have  the  right  to  sis:n  such  petitions  when  they  are  free- 
holders and  voters. — Simpson,   Sept.   19,  1910. 

The  law  requires  that  the  election  of  school  district  officers  must  be  by 
ballot,  and  that  the  polls  shall  remain  open  for  one  hour,  and  the  election  of 
officers  by  acclamation  is  not  in  compliance  with  law,  and  can  in  no  way  be 
considered  a.  legal   election. — Simpson,   July  22,   1909. 

Section  1308.  R.  L.  1905.  empowers  the  annual  meeting  of  a  scholol  district 
"to  elect  by  ballot  officers  of  the  district."  The  law  does  not  now,  as  it  formerly 
did,  require  that  an  officer  be  elected  by  a  majority  of  all  votes  cast,  and  a 
plurality  vote  is  sufficient. — Simpson,   June   17,   1909. 

If  a  school  district,  at  a  properly  called  meeting,  votes  to  change  the  present 
schaol  house  site,  and  locate  the  school  building  upon  a  new  site,  at  a  definite 
place,  and  the  district  cannot  make  satisfactory  terms  with  the  land  owner,  then 
the  school  district,  by  proper  proceedings  in  court,  can  have  the  necessary  land 
condemned. — Simpson,  May  17,  1910. 

38.  Additional  powers  of  meetings  in  common  school  districts — In  addi- 
tion to  the  foregoing  powers,  any  common  school  district  at  its  annual  meet- 
ing, or  at  a  special  meeting  when  proper  notice  has  been  given,  may  vote  a 
sufficient  fund  for  maintenance  of  its  schools  and  for  all  other  proper  pur- 
poses, appoint  a  librarian,  and  make  rules  for  the  use  and  management  of 
the  library,  and  direct  the  school  board  to  make  designated  improvements 
to  school  property,  and  to  provide  free  text-books  for  the  schools.     (1309) 

Where  at  a  meeting  it  was  voted  to  have  school  kept  for  a  specified  time, 
and  sufficient  funds  provided,  the  trustees  are  liable  to  a  penalty  by  neglecting 
without   excuse,   to   provide   the  school   for  the  specified   time. — 17  M.   227. 


22  BOARDS    AND    OFFICERS. 

A  common  school  district  has  no  authority  to  loan  money  raised  by  taxes  for 
the  carrying  on  of  its  schools. — Young,   p.   191. 

39.  Election  of  officers  in  certain  districts — In  any  common  school  dis- 
trict containing  over  three  hundred  voters,  in  counties  having  a  population 
of  more  than  fifty  thousand  and  less  than  one  hundred  thousand,  the  school 
board  shall  divide  the  district  for  the  purpose  of  electing  officers,  voting  on 
the  issue  of  bonds,  or  other  matter  specifically  submitted  for  vote  by  ballot, 
into  precincts  for  each  three  hundred  voters,  or  major  fraction  thereof.  The 
voters  present  at  the  opening  of  the  polls  shall  choose  a  moderator  and  two 
clerks,  who  shall  forthwith  certify  the  result  of  the  vote  to  the  clerk  of  the 
district.  Such  vote  shall  be  canvassed  and  the  result  announced  at  the  an- 
nual meeting,  except  in  case  of  a  special  election,  when  the  same  shall  be 
canvassed  by  the  district  officers  as  soon  as  practicable  after  the  receipt  of 
the  returns.  Such  regular  elections  shall  be  held  on  the  Saturday  preceding 
the  annual  meeting,  and  at  the  same  hour  and  upon  the  same  notice,  and  no 
matter  except  the  election  of  officers  shall  be  voted  upon  at  such  meeting, 
unless  specified  in  the  notice.     (1310) 

Districts   within   the   provisions   of   sec.    1310.   R.    L.,   may  be  divided   into   pre- 
cincts for  voting  or  balloting;  but  other  districts  cannot  be  so  divided. 


CHAPTER   III. 
BOARDS  AND  OFFICERS. 


40.  School  board — The  care,  management,  and  control  of  common  and 
independent  districts  shall  be  vested  in  a  board  of  trustees,  to  be  known 
as  the  school  board,  whose  term  of  office  shall  be  three  years  and  until  their 
successors  qualify.     (1312) 

The  fact  that  the  village  trustees  have  acted  as  a  school  board  for  a  long 
times  raises  a  presumption  that  they  have  accepted  the  provisions  of  law  relating 
to  the  schools  of  the  village. — 74  M.   110. 

Cities  and  villages  and  the  school  districts  within  them,  are  distinct  and  inde- 
pendent corporations.  A  member  of  the  school  board  must  be  a  resident  of  the 
district  he  represents.  Chap.  285,  Laws  1901,  applies  to  cities  whose  boundaries 
are  co-extensive  with  the  school  district;  and  until  the  territory  of  both  city  and 
district  are  co-extensive,  members  of  the  school  board  cannot  be  elected  as  pre- 
scribed in   that  chapter.— Young,   July,   1907. 

41.  School  board  of  common  districts — The  school  board  of  each  com- 
mon school  district  shall  consist  of  a  chairman,  a  treasurer  and  a  clerk.  At 
the  first  meeting  of  each  school  district  embracing  or  containing  less  than 
ten  townships,  the  chairman  shall  be  elected  to  hold  office  until  August  I 
following  the  next  annual  meeting;  the  treasurer  until  one  year  from  such 
date,  and  the  clerk  until  two  years  from  such  date.  At  the  first  meeting  in 
each  common  school  district,  embracing  or  containing  ten  or  more  town- 
ships, the  chairman  shall  be  elected  to  hold  office  until  August  1  following 
the  next  biennial  general  state  election,  and  the  treasurer  until  one  year 
from  such  date,  and  the  clerk  until  two  years  from  such  date.  Said  trustees 
so  elected  in  districts  embracing  or  containing  ten  or  more  townships  shall 
be  paid  such  salary  or  compensation  as  the  electors  or  legal  voters  of  such 
district  at  the  annual  meeting  thereof  shall  fix  or  determine,  and  the  electors 


BOARDS    AND    OFFICERS.  23 

or  legal  voters  of  such  district  at  the  annual  meeting  thereof  shall  have 
power  and  are  hereby  authorized  by  a  majority  vote  to  fix  and  determine 
and  authorize  the  payment  of  salaries  or  compensation  to  said  trustees.  The 
vote  upon  the  payment  of  such  salaries  or  compensation  shall  be  by  ballot. 
(Sec.  1313,  R.  L.  1905,  as  amended  by  Sec.  2,  C.  187,  1909.) 

The  election  must  be  by  ballot.  'An  election,  therefore,  of  school  district 
officers  by  viva  voce  vote  would  be  irregular  and  invalid.  A  person  elected  in 
this  way  to  office  would  have  no  title  that  he  could  assert  against  a  regular  in- 
cumbent of  the  office  holding  after  the  expiration  of  his  term.  And  yet  a  per- 
son elected  by  a  viva  voce  vote,  having  qualified  and  assumed  the  duties  of  the 
office  to  which  he  was  elected,  would  be  an  officer  de  facto,  and  his  acts  as  to 
third  persons   would  be  valid." — Wilson,  p.  352. 

It  is  no  part  of  the  duties  of  the  county  attorney  to  advise  school  district 
officers.  For  the  services  named  he  would  be  entitled  to  the  same  fees  as  if  per- 
formed at  the  request  of  a  private  individual. — Hahn,   p.   468. 

Under  our  constitution  and  laws,  aliens  are  not  eligible  to  any  office  elective 
by  the  people.  If,  however,  an  alien  were  elected  to  the  office  of  district  clerk 
of  a  school  district,  or  appointed  to  such  office  by  the  proper  appointing  power, 
and  should  assume  such  office  by  virtue  of  such  election  or  appointment,  and 
exercise  the  duties  thereof,  he  would  be  an  officer  de  facto,  and  his  acts,  though 
not  those  of  a  lawful  officer,  the  law,  upon  principles  of  policy  and  justice,  would 
hold  to  be  valid,  so  far  as  they  involved  the  interests  of  the  public  and  third  par- 
ties.— Wilson,  p.   316. 

Many  matters  arise  relating  to  the  election  of  school  district  officers.  While 
it  is  important  that  all  the  requirements  of  the  law  be  complied  with,  it  should 
be  borne  in  mind  that  the  official  act  of  an  officer  does  not  necessarily  depend 
for  its  validity  upon  the  regularity  of  his  election.  Where  a  person  is  exercising 
the  duties  of  an  office  under  color  of  authority,  claiming  title  to  the  same,  he  is 
what  in  law  is  termed  an  officer  de  facto,  and  his  acts  are  valid  until  he  is  ousted 
from  the  office  by  legal  proceedings,  or  abandons  the  office.  The  right  of  a  de 
facto  officer  to  hold  the  office  cannot  be  questioned  collaterally,  but  can  only  be 
questioned  in  an  action  brought  directly  against  him  to  oust  him  from  the  office; 
thus,  it  may  frequently  happen  that  a  person  is  occupying  an  office  and  his  acts 
as  such  officer  will  be  valid,  yet  his  title  to  the  office  be  so  defective  that  in  a 
direct  proceeding  brought  against  him  to  oust  him,  his  title  to  the  office  could 
be  defeated.— Clapp,  March  25,  1891. 

An  election  of  school  officers  is  not  necessarily  invalidated  on  account  of  the 
polls  being  kept  open  less  than  the  time  named  in  the  statute,  unless  it  is  made 
plainly  to  appear  that  such  numbers  of  voters  were  thus  deprived  of  the  right 
to  vote  as  would  have  changed   the  result. — Childs,  Aug.   13,   1895. 

The  mere  fact  that  the  school  meeting  was  not  called  to  order  until  a  half 
or  three-quarters  of  an  hour  after  the  time  named  in  the  law  would  not  in  itself 
render  the  meeting  invalid. — Childs,   Aug.    8,   1892. 

An  annual  meeting  held  either  at  an  earlier  or  later  date  than  that  prescribed 
in  the  statutes  is  invalid  for  any  purpose. — Childs,   July  29,   1896. 

In  case  of  a  tie  vote  for  trustee  at  an  annual  school  meeting  a  second  ballot 
cannot  be  taken,  but  a  vacancy  exists  which  the  board  of  trustees  is  authorized 
to  fill  by  appointment. — Douglas,   July  31,   1900. 

42.  School  board  of  independent  districts — The  school  board  of  each 
independent  school  district  shall  consist  of  six  directors.  At  the  first  meet- 
ing of  the  district,  six  directors  shall  be  elected,  two  to  hold  until  August  1 
following  the  next  annual  meeting,  and  two  to  hold  until  the  expiration  of 
one  year,  and  two  until  the  expiration  of  two  years,  from  said  August  1;  the 
time  which  each  director  shall  hold  being  designated  on  the  ballot.     (1314) 

Non-voting  of  certain  members  of  the  school  board  in  an  independent  dis- 
trict permits  the  election  of  a  superintendent  by  a  majority  vote  of  a  quorum, 
the  rule  being  that  if  there  is  a  quorum  present,  and  a  majority  of  the  quorum 
vote  in  favor  of  a  measure,  it  will  prevail,  although  an  equal  number  should 
refrain  from  voting.  It  is  not  the  majority  of  the  whole  number  of  members 
present  that  is  requiied;  all  that  is  requisite  is  a  majority  of  the  number  of 
members  required  to  constitute  a  quorum. — Simpson,  March  16,   1909. 

The  president  of  the  board  of  education  is  a  member  of  the  board,  and  the 
fact  that  he  is  chosen  to  act  in  the  official  capacity  of  president  does  not  deprive 
him  of  the  right  to  vote.  Four  members  of  a  board  will  constitute  a  quorum, 
whether  the  president  of  the  board  be  one  of  that  number  or  not. — Simpson,  Aug. 
11,   1909. 

43.  Organization  of  school  boards  in  independent  districts — Within  ten 
days  after  the  election  of  the  first  school  board  in  independent  districts,  and 
annually  thereafter  on  the  first  Saturday  in  August,  or  as  soon  thereafter  as 


24  BOARDS    AND    OFFICERS. 

practicable,  the  board  shall  meet  and  organize  by  choosing  a  chairman,  a 
clerk,  and  treasurer,  who  shall  hold  their  offices  for  one  year,  and  until  their 
successors  are  elected  and  qualified.  They  may  also  elect  a  superintendent, 
who  shall  hold  office  during  the  pleasure  of  the  board.  He  shall  be  ex- 
officio  a  member  of  the  board,  but  not  entitled  to  vote  therein.     (1315) 

"Where,  at  a  meeting  of  a  school  board  in  an  independent  district,  for  the 
purpose  of  electing  a  superintendent,  the  vote  results  in  three  votes  being  cast 
in  favor  of  a  candidate,  one  vote  against  him,  and  two  members  of  the  board 
not  voting,  the  candidate  receiving  the  three  votes  is  elected. — Simpson,  March, 
16,   1909. 

It  is  not  the  duty  of  the  superintendent  of  schools,  under  the  law,  to  take 
action  by  swearing  out  a  complaint,  against  school  officers  doing  acts  in  viola- 
tion of  the  duties  of  their  respective  offices,  though,  as  a  general  proposition,  it 
is  incumbent  upon  all  good  citizens  to  bring  to  attention  of  the  prosecuting  officer 
of  their  county  any  known  violations  of  law,  and  this  rule  applies,  of  course,  with 
equal  force,   to  the  county  superintendent  of  schools. — Simpson,   Feb.   24,   1909. 

There  being  no  provision  of  law  requiring  that  a  written  ballot  shall  be  taken 
by  a  board  of  education,  on  the  question  of  electing  a  superintendent,  an  "Aye" 
and  "Nay"  vote  would  be  sufficient. — Simpson,  March  17,  1909. 

The  proceedings  at  a  meeting  of  the  board  of  an  independent  district,  at  which 
the  superintendent  is  not  present  by  reason  of  failure  to  give  him.  notice,  are 
valid. — Douglas,    p.    129. 

A  person  selected  to  act  as  chairman  or  "acting  president"  of  the  board  of  an 
independent  district,  in  the  absence  of  the  president,  cannot  countersign  orders 
or  warrants. — Young,  p.  191. 

The  officers  of  boards  in  independent  districts  must  be  chosen  from  the  mem- 
bers of  the  board. 

44.  Vacancies — A  vacancy  in  any  school  board  or  board  of  education 
elected  by  the  people  shall  be  filled  by  the  board  at  any  legal  meeting  there- 
of until  such  vacancy  can  be  filled  by  election  at  the  next  annual  meeting  in 
school  districts  containing  less  than  ten  townships  and  at  the  next  general 
biennial  state  election  in  school  districts  embracing  or  containing  ten  or 
more  townships.  Such  appointment  shall  be  evidenced  by  a  resolution  en- 
tered in  the  minutes.  All  appointments  and  elections  to  fill  vacancies  shall 
be  for  the  unexpired  term.  (Sec.  1316,  R.  L.  1905,  as  amended  by  sec.  3, 
c.  187,  1909.) 

45.  Special  election  to  fill  vacancy — If  the  board  shall  fail  for  ten  days 
to  fill  any  vacancy,  a  special  meeting  may  be  called  for  that  purpose  by  tea 
days'  posted  notice  signed  by  three  qualified  voters,  freeholders  or  house- 
holders of  the  district,  setting  forth  the  object  of  the  meeting.  Officers 
elected  at  such  meeting  shall  hold  for  the  unexpired  term,  but  no  such  meec 
ing  shall  be  held  within  thirty  days  before  the  annual  election  or  annual 
meeting  in  districts  containing  less  than  ten  townships  nor  within  thirty 
days  before  the  general  biennial  state  election  in  districts  embracing  or  con- 
taining ten  or  more  townships.  (Sec.  1317,  R.  L.  1905,  as  amended  by  sec.  4, 
c.  187,  1909.) 

It  is  not  mandatory  that  the  board  fill  a  vacancy  within  ten  days;  and  they 
may  fill  it  at  a  later  time,  but  should  not  do  so  after  ten  days  and  after  a  meeting 
for  the  purpose  of  filling  such  vacancy  has  been  called  by  three  qualified  voters. 
The  vacancy  should  be  filled  as  provided  in  section  1316,  R.  L. — Young,  May, 
1907. 

Where,  at  an  annual  school  meeting,  there  were  two  candidates  for  district 
clerk,  and  each  received  twenty-two  votes,  the  ballot  resulted  in  no  election, 
thus  causing  a  vacancy  in  the  office  of  clerk,  which  could  be  filled  by  the  board 
within  ten  days,  and  if  not  so  filled,  a  special  meeting  could  be  called  for  that 
purpose,  by  ten  days'  posted  notice,  signed  by  three  qualified  voters,  freeholders 
or  householders  of  the  districts,  and  setting  forth  the  object  of  the  meeting.  Sec. 
1317,   R.   L.,   1905.— Simpson,   July   21,   1909. 

When  a  member  of  the  board  has  removed  from  the  district,  his  office  is 
vacant;  and  the  vacancy  thus  occasioned  may  be  filled  by  the  remaining  members 
of  the  board,  and  the  person  appointed  will  hold  office  until  the  next  annual  meet- 
ing,  construing  section    1316,   R.   D. — Young,   December,    1906. 

In  case  of  a  tie  vote  at  an  annual  school  election  for  officers,  a  second  ballot 


BOARDS    AND    OFFICERS.  25 

cannot  be  taken,  but  a  vacancy  exists  in  the  office,  which  vacancy  can  be  filled 
by  appointment  by  the  school  board;  but  if  the  board  shall  fail  for  ten  days  to 
fill  such  vacancy,  a  special  meeting  will  be  called  for  that  purpose,  by  ten  days' 
posted  notice,  signed  by  three  qualified  voters,  or  freeholders  of  the  district,  and 
setting  forth  the  object  of  the  meeting. — Young,  59. 

46.  Acceptance  of  office — Oaths,  where  filed — All  persons  elected  or 
appointed  district  officers  shall,  within  ten  days  after  notice  of  such  elec- 
tion or  appointment,  file  with  the  clerk  or  secretary  of  the  district  his  ac- 
ceptance of  the  office  and  his  official  oath,  or  be  deemed  to  have  refused  to 
serve,  but  such  filing  may  be  made  at  any  time  before  action  to  fill  the 
vacancy  has  been  taken.     (1318) 

47.  Quorum  in  school  boards — A  majority  of  the  school  board  shall  con- 
stitute a  quorum,  but  no  contract  shall  be  made  or  authorized  except  at  a 
meeting  of  the  board  of  which  all  members  have  had  legal  notice.     (1319) 

Contracts,   to  be  binding  on  the  district,   must  be  made  or  ratified  by  at  least 

a  majority  of  the  board  after  notice  and  an  opportunity  to  all  the  trustees  to 
take  part  in  the  matter. — 35  M.  163. 

To  bind  the  district,  a  contract  for  supplies  by  two  trustees  must  be  authorized 
or  ratified  at  a  meeting  of  the  trustees;  but  if  such  supplies  are  received  and  used 
by  the  district  for  such  a  length  of  time  as  to  raise  the  presumption  that  it  was 
with  the  common  consent  of  the  district,  it  will  be  bound  to  pay  for  them). — 
37   M.    96. 

When  two  of  the  trustees  employ  one  to  perform  work  for  the  district,  and 
such  action  is  ratified  by  the  full  board,  such  employe  may  recover  of  the  dis- 
trict, notwithstanding  the  work  was  for  a  new  school  house  when  no  site  had 
been  lawfully  selected  by  the  voters,  and  the  trustees  were  not  authorized  to  build 
the  school  house.  This  is  based  upon  the  law  that  trtistees  who  act  within  the 
scope  of  their  authority,  bind  the  district;  and  the  burden  of  proving  excess  of 
power  is  upon  the  district. — 93  M.  409. 

Director  or  trustee  may  not  be  a  party  to  a  contract  with  the  district.  Cur- 
rie  vs.  School  District,  35  Minn.  163,  27  N.  W.  Rep.  922.  In  order  to  bind  the  dis- 
trict, contracts  must  be  made  or  ratified  by  at  least  a  majority  of  the  board, 
after  notice  and  opportunitv  to  all  of  the  trustees  to  participate  in  the  transaction. 
—Id. 

When  one  member  of  board  refuses  to  assent  to  contract  by  majority,  he  may 
be   compelled  to  by   law. — Cornell,   p.   260. 

There  is  no  authority  on  the  part  of  the  individual  members  of  a  board  to 
make  a  contract  for  the  'purchase  of  books  in  any  other  manner  than  when  con- 
vened as  a   board.— Childs.    Sept.    1,   1893. 

When  a  part  of  the  members  present  refuse  to  vote  at  all,  a  vote  may  be  legally 
decided  by  a  majority  of  those  actually  voting,  though  they  do  not  constitute  a 
majority  of  the  whole  number  present.  This  rule  rests  upon  the  principle  that 
members  present  and  not  voting  will  be  deemed  to  assent  to  the  action  of  those 
who  did  vote. — Simpson,  March  17,   1909. 

48.  Powers  and  duties  of  school  board — The  school  board  shall  have 
the  general  charge  of  the  business  of  the  district,  and  of  the  school  houses 
and  the  interests  of  the  schools  thereof,  and  shall: 

1.  When  authorized  by  the  voters  at  a  regular  meeting,  or  a  special 
meeting  called  for  that  purpose,  may  acquire  necessary  sites  for  school 
houses  by  lease,  purchase  or  condemnation  under  the  right  of  eminent  do- 
main; erect,  lease  or  purchase  necessary  school  houses  or  additions  thereto; 
and  sell  or  exchange  such  school  houses  or  sites,  and  execute  deeds  of  con- 
veyance thereof.  In  any  city  or  village  such  site,  when  practicable,  shall 
contain  at  least  one  block,  and,  if  outside  of  any  city  or  village,  two  acres; 
and,  when  any  school  house  site  shall  contain  less  than  such  amount,  the 
board  shall,  if  practicable,  acquire  other  land  adjacent  to  or  near  such  site 
to  make,  with  such  site,  such  amount. 

2.  Purchase,  sell,  and  exchange  school  apparatus,  furniture,  stoves,  and 
other  appendages  for  school  houses. 

3.  Provide  proper  outhouses  for  the  schools,  plant  shade  trees  and 
shrubbery,  and  otherwise  improve  school  sites,  procure  insurance  on  school 
property,  and  make  proper  ordinary  repairs  thereon. 


26  BOARDS    AND    OFFICERS. 

4.  When  necessary,  lease  rooms  for  school  purposes. 

5.  Employ  and  contract  with  necessary,  qualified  teachers,  and  dis- 
charge the  same  for  cause. 

6.  Provide  for  the  heating  and  care  of  school  houses  and  rooms. 

7.  Provide  for  the  payment  of  "all  just  claims  against  the  district  in 
cases  provided  by  law. 

8.  When  directed  by  a  vote  of  the  district,  or  when  the  board  deems  it  ad- 
visable, adopt,  contract  for  and  purchase  text-books  needful  for  the  schools  of 
the  district,  and  provide  for  the  free  use  of  such  books  by  the  pupils  of 
such  schools,  or  their  sale  to  them  at  cost;  but  no  such  adoption  or  contract 
shall  be  for  less  than  three  or  more  than  five  years,  during  which  time  such 
books  adopted  shall  not  be  changed. 

9.  Defray  the  necessary  expenses  of  the  board,  including  three  dollars 
per  day  for  attending  one  meeting  of  the  school  boards  of  the  county  in  each 
year,  when  called  by  the  county  superintendent,  and  five  cents  per  mile  in 
going  to  and  returning  from  such  meeting,  and  pay  for  such  record  books, 
stationery,  and  other  incidental  matters  as  may  be  proper. 

10.  Superintend  and  manage  the  schools  of  the  district,  adopt,  modify, 
or  repeal  rules  for  their  organization,  government,  and  instruction,  and  for 
the  keeping  of  registers,  prescribe  text-books  and  courses  of  study,  and  visit 
each  school  at  least  once  in  three  months. 

11.  In  all  proper  cases,  prosecute  and  defend  actions  by  or  against  the 
district.     '(1320) 

Where  a  note  for  a  district  debt  is  signed  by  the  trustees  without  official 
designation,  and  the  purpose  of  it  is  equally  known  to  the  payee,  the  trustees 
are  not  personally  liable;  but  if  it  be  doubtful  from  an  inspection  of  the  note  itself 
whether  the  trustees  intended  to  assume  personal  liability,  the  intention  may  be 
shown  by  other  evidence. — 4  M.   126   (Gil.   83). 

A  promissory  note  given  by  trustees,  to  be  a  valid  note  of  the  district,  must 
be  given  for  a  debt  the  trustees  had  authority  to  contract. — 5  M.  280  (Gil.  221). 

A  promissory  note  given  by  trustees  must  show  upon  its  face  that  it  is  the 
note  of  the  district;  otherwise  it  is  the  note  of  the  trustees. — 6  M.  578  (Gil.  412). 

A  promissory  note,  signed  individually  by  the  trustees  makes  the  trustees 
prima  facie  personally  liable;  and  the  burden  is  upon  them  to  show  it  is  a  valid 
note   of   the    district.— 13    M.    106    (Gil.    96). 

The  district,  and  not  the  trustees,  is  liable  on  a  promissory  note  made  by  the 
trustees  as  such  for  a  debt  of  the  district.— 14  M.   214   (Gil.   153.) 

Where,  at  a  meeting,  it  is  voted  to  have  school  kept  for  a  specified  time,  and 
sufficient  funds  are  provided,  the  trustees  are  liable  to  a  penalty  for  neglecting, 
without  excuse,  to  provide  the  school  for  such  time:  and  the  action  to  enforce 
the  penalty  may  be  brought  by  a  director  or  a  freeholder  in  his  own  name. — 31 
M.   227. 

A  trustee  cannot  enter  into  a  contract  with  the  other  trustees  for  services  or 
supplies  to  the  district  for  a  compensation;  and  the  fairness  of  such  a  transaction 
cannot  be  considered. — 35   M.   163. 

The  schood  house  of  a  district  is  not  subject  to  a  mechanic's  lien. — 39  ML 
298 

A  school  district  is  not  liable  for  money  borrowed  by  its  trustees  to  com- 
plete a  school  house,  without  authority,  even  though  it  receives  the  benefit;  and 
no  ratification  can  be  inferred  from  its  enjoyment  of  the  improvement  for  it  has 
had  no  opportunity  to  reject. — 54  M.  385. 

When  orders  have  been  legally  issued  by  the  trustees,  payable  generally  and 
not  out  of  a  particular  fund,  the  district  is  liable  and  must  provide  funds  to  pay 
them.— 91  M.   41. 

When  the  trustees  act  within  the  apparent  scope  of  their  authority  the  burden 
Vf  proving  an   excess   of   authority   is   upon   the   one   alleging  it. — 93   M.   409. 

The  trustees  have  power,  prior  to  the  annual  meeting,  to  employ  a  teacher 
for  the  ensuing  year,  and  to  bind  the  district  for  at  least  five  months  and  for 
such  further  time  as  shall  be  fixed  by  the  voters  at  such  annual  meeting.— 93  M. 
411. 

Where  there  were  sufficient  funds  on  hand  therefor,  the  board  of  trustees  on 
their  own  motion  caused  a  well  to  be  dug  and  a  pump  placed  over  it  for  the  use 
of  the  school.  Held,  that  the  board  had  no  authority  to  make  expenditures  of  pub- 
lic money  for  such  a  purpose  until  authorized  by  the  voters  of  the  district  at  a 
properly  called  meeting. — Childs,  Aug.    24,   1893. 

A  contract  made  by  the  board  of  trustees  with  one  of  their  number  is  void. 
Where    one    attempts    to    act    in   a   fiduciary    capacity    for    another,    the    law    will 


BOARDS    AND    OFFICERS.  27 

not  allow  him  while  so  acting  to  deal  with  himself  in  his  individual  capacity. — 
Hahn,   p.   4S6. 

The  law  provides  that  "the  board  of  trustees  shall  have  the  general  charge 
of  the  interests  of  the  schools."  If  there  are  funds  on  hand  not  designated  by 
vote  of  the  district  to  any  specific  purpose,  and  not  needed  to  meet  matured  or 
miaturing  claims  of  teachers,  such  funds  may  be  used  by  trustees  to  purchase 
any  articles  necessary,  in  their  judgment,  to  the  "interests  of  the  school." — 
Wilson,   p.  367. 

"When  a  school  district  votes  to  build  a  school  house,  designates  site  and 
provides  funds  for  the  purpose,  the  trustees  of  the  district  are  charged  with  the 
duty  of  executing  the  will  of  the  district  in  the  premises." — Start,   p.   425. 

If  the  trustees  have  contracted  for  a  school  for  more  than  five  (5)  months 
without  special  authority  from  the  district,  the  legal  voters  at  any  special  or  gen- 
eral meeting  may  ratify  such  action,  and  levy  a  tax  for  the  payment  of  teachers 
so  employed.  If  they  refuse  to  do- this,  the  teacher  would  very  likely  be  without 
remedy. 

Trustees  of  school  districts  are  public  agents,  and  when  they  in  good  faith 
contract  with  parties  having  full  knowledge  of  the  extent  of  their  authority,  or 
who  have  an  equal  means  of  knowledge  with  themselves,  they  do  not  become 
individually  liable  unless  the  intent  to  incur  a  personal  liability  is  clearly  ex- 
pressed, although  it  should  be  found  that  through  ignorance  of  the  law  they  may 
have  exceeded  their  authority.  Any  knowledge  of  a  defect  in  their  authority, 
accessible  to  them  but  not  to  the  teacher,  would  probably  fix  a  liability  on  them. — 
Cole,  p.  102. 

"Have  school  district  trustees  power  to  hire  money  to  build  a  school  house?" 
I  think  not.  Corporations,  and  especially  quasi  corporations,  have  only  those 
powers  specifically  granted  to  them  by  statute,  and  such  others  as  are  necessary 
for  carrying  into  execution  those  specifically  conferred.  By  sec.  52,  school  laws, 
the  trustees  are  authorized  "to  build,  hire  or  purchase  a  school  houses  out  o)fl 
funds  provided  for  that  purpose." 

The  law  requires  school  to  be  taught  in  the  district  at  least  five  months,  and 
the  trustees  cannot  safely  ignore  that  provision,  notwithstanding  the  action  of  the 
district.  The  district  having  neglected  to  vote  the  requisite  tax,  it  is  the  im- 
perative duty  of  the  trustees  to  levy  the  same. — Clapp,   Sept.   24,   1888. 

Trustees  may  employ  more  than  one  teacher  if  district  has  funds,  notwith- 
standing an  adverse  resolution  voted  by  the  district. — Wilson,  p.  354. 

It  is  the  special  business  of  the  trustees  to  employ  teachers.  The  voters  of 
the  district  may,  in  their  individual  or  collective  capacity,  advise  the  trustees 
as  to  their  wishes,   but   cannot  control   their  action. — Wilson,   p.    354. 

"Is  the  employment  of  a  teacher  by  the  treasurer  and  clerk  of  a  school  dis- 
trict, without  any  notice  to  the  director,  and  without  any  meeting  being  held, 
legal?"     I  answer  that  it  is  not.  — Hahn,  p.  536. 

A  contract  made  with  a  teacher  who  does  not  hold  a  certificate  which  is 
valid  in  the  district  where  he  is  to  be  employed,  is  void,  and  a  certificate  cannot 
be  dated  back  to  cover  services  rendered  before  it  was  granted. — Jenness  vs. 
School   District  31,  Washington  County,   12  Minn.   448. 

When  a  teacher  is  employed  to  teach  for  a  specified  time  and  the  school  is  in- 
terrupted necessarily,  but  by  no  fault  of  the  teacher,  who  is  always  ready  to  fulfill 
the  contract,  the  teacher,  after  the  expiration  of  the  time,  may  maintain  an 
action  against  the  district  for  the  entire  amount  of  wages.  If,  however,  the  dis- 
trict can  show  that  during  the  whole  or  a  portion  of  the  time  the  teacher  was 
engaged  in  similar  employment,  or  was  offered  such  employment  and  refused  it, 
the  damage  may  be  reduced. — Cole,   p.    87. 

If  in  the  opinion  of  the  trustees  the  services  of  more  than  one  teacher  are 
demanded  by  reason  of  the  numbers  in  attendance  at  a  district  school,  an  addi- 
tional teacher  may  be  employed,  the  board  keeping  within  the  means  provided  by 
the  district. — Wilson,  p.  354. 

A  contract  made  with  a  teacher  before  he  has  secured  a  certificate  is  void, 
and  a  subsequent  issuance  of  a  certificate  will  not  make  the  same  valid.  This  ap- 
plies alike  in  common,   independent  and  special  districts. 

"Have  school  boards  authority  to  engage  teachers  for  the  following  year 
before  the  annual  meeting?"  It  matters  not  whether  it  is  before  the  annual 
meeting  and  the  election  of  the  new  member  or  not.  The  trustees  may,  either 
before  or  after  the  annual  meeting  and  without  express  authority  from  the  dis- 
trict, contract  for  the  term  required  by  law,  and  no  more. — Hahn,  p.  538;  Start, 
p.  436;  Cornell,  p.  159. 

If  a  teacher  holds  a  valid  certificate  at  the  time  of  making  a  contract  which 
extends  beyond  the  life  of  the  certificate,  such  contract  is  good,  and  will  remain 
so  as  long  as  the  teacher  is  in  possession  of  a  valid  certificate  and  until  the  con- 
tract expires  by  its  own  terms. — Clapp,  Oct.  12,  1891. 

Teachers  cannot  enforce  verbal  contracts  which  the  law  requires  to  be  in 
writing. — Douglas.    Jan.   4,   1901. 

The  law  establishes  the  school  age  between  five  and  twenty-one  years,  sub- 
ject to  the  authority  granted  the  board  of  trustees  to  fix  the  minimum  age  at 
six  years. — Douglas,   Aug.   17,   1900. 

A  school  board  has  power  to  rent  rooms  for  a  school  if  the  school  building 
is  inadequate;  it  also  has  power  to  repair  the  school  house,  but  has  no  right 
to  so  enlarge  and  repair  it  as  to  constitute  a  rebuilding  or  to  make  a  new  and 
larger  one  out  of  it.  The  building  of  a  new  school  house  must  be  voted  on  at  a 
school  meeting. — Donahower,  p.  129. 

The  general  control  of  schools  is  in  the  board;  and  if  the  superintendent  and 
teachers  establish  rules  of  discipline  and  school  work  to  the  disadvantage  of  the 
welfare  of  the  school,  the  board  has  power  to  change  them. — Douglas,   p.  129. 


28  BOARDS    AND    OFFICERS. 

Members  of  the  board  and  teachers  cannot,  directly  or  indirectly,  be  financial- 
ly interested  in  sales,  leases  or  contracts  relating  to  district  property;  and  if  they 
do  become  so  interested,  they  are  guilty  of  misdemeanor  and  may  be  prosecuted 
or  restrained. — Donahower,    p.    133. 

Members  of  a  school  board  cannot  legally  do  work  of  repairs  on  a  school  house 
and   draw   pay   therefor. — Young,    June,    1907. 

A  school  board  has  no  authority  to  sell  a  school  building  unless  authorized 
by  the  voters  at  a  regular  or  special  meeting  called  for  the  purpose;  construing 
section  1320,   R.   L. — Young,  December,   1906. 

School  boards  are  not  corporate  bodies,  but  rather  resemble  directors  of  a 
corporation.  The  school  district  is  the  corporation.  Contracts  of  insurance  of 
school  property  should  run  to  the  district.  A  member  of  the  board  cannot  be 
interested  individually,  as  agent  or  otherwise,  in  a  contract  of  insurance  on  school 
property. — Young,   p.    182. 

The  school  board  of  a  common  district  in  making  contracts  with  teachers, 
can  bind  the  district  for  only  five  months;  and  in  case  contracts  are  made  for  a 
longer  period,  they  will  be  valid  for  five  months  and  for  such  longer  time  as  shall 
be  ratified  at  a  meeting  of  the   district. — Young,   p.   179. 

School  boards  have  no  authority  to  employ  teachers  who  do  not  hold  certificates, 
and  the  district  continue  to  draw  state  apportionment  money.— Young,  June,   1907. 

Money  received  from  the  state  apportionment  of  funds,  cannot  be  used  by  a 
district  to  build  a  school  house;  but  money  received  from  the  one  mill  tax 
and  any  balance  of  money  raised  for  a  specific  purpose,  after  such  purpose  has 
been  accomplished,  may  be  used  for  building  a  school  house  after  the  voters  have 
so  decided  at  an  annual  or  snecia!  meeting. — Young,  June    1907. 

A  member  of  a  school  board  who  renders  services  and  expends  his  own  money 
in  good  faith  in  looking  after  the  building  of  a  school  house,  has  a  valid  claim 
for  such  services  and  advancement,  provided  the  voters  at  the  annual  meeting 
voted  to  pay  him;  but  probably  he  is  not  entitled  to  2  per  cent  of  the  cost  of  the 
building. — Young,    October,    1906. 

Under  sec.  1320,  subd.  11,  R.  L,.,  the  board  may  prosecute  an  action  against 
the  treasurer  when  he  refuses  or  fails  to  turn  over  to  his  successor  in  office 
any  portion  of  the  district  funds  in  his  hands. — Young,  p.  385. 

A  school  board  has  no  authority  to  pay  a  director  for  services;  and  if  it  has 
paid  for  such  services,  any  taxpayer  may  maintain  an  action  for  its  recovery  for 
the  benefit  of  the  district;  if  the  money  has  not  been  paid,  he  may  maintain  an 
action   to  restrain  such  payment;   citing  77  M.   526;    SS   M.    127.— Young,   July,    1906. 

School  boards  are  neither  authorized  nor  justified  in  expending  money  for 
the  services  of  an  expert  accountant  to  examine  the  books  of  the  district. — Young, 
May.  1906. 

The  school  board,  after  the  district  has  voted  an  eight  months'  school,  may 
contract  with  a  teacher  for  eight  months  at  any  time  prior  to  a  change  in  the 
length  of  the  term  by  a  vote  of  the  district. — Young,  p.   193. 

There  is  no  provision  of  law  relating  to  roads  to  school  sites  or  buildings. 
Such  roads  must  be  laid  out  as  other  roads  under  sees.  1171  and  1181,  R.  L. — 
Young,  July,   1906. 

Though  on  account  of  the  low  assessed  valuation  of  the  property  in  the  town- 
ship, there  is  not  sufficient  money  to  keep  the  schools  in  session  for  the  length 
of  time  voted  at  the  annual  meeting,  and  though  one  school  is  greatly  over- 
crowded, the  school  board  cannot  rent  another  room  and  hire  another  teacher, 
incur  the  necessary  expenses,  and  issue  orders  in  payment  of  same,  when  such 
orders  cannot  be  paid  during  the  current  school  year,  without  a  vote  of  the 
people.— Young,  Oct.  27,  1908. 

A  school  board  has  power  to  adopt  such  reasonable  rules  and  regulations  as 
contribute  to  the  moral,  physical  and  intellectual  welfare  of  the  pupils  attend- 
ing school,  and  a  rule  to  the  effect  that  a  pupil  convicted  of  smoking  on  the  streets 
or  in  public  places  might  be  expelled,  by  the  board,  from  school,  would  be  a  rea- 
sonable rule  and  one  which  could  be  enforced  by  the  board. — Simpson,  Dec.  8, 
1909. 

Rules  and  regulations,  whether  made  by  the  board,  or  made  by  the  teacher 
and  afterward  ratified  by  the  board,  must  be  reasonable,  and  the  courts  have 
held  that  a  rule  is  reasonable  under  which  a  pupil  may  be  suspended  or  expelled 
if  he  wilfully  injures  or  destroys  school  property,  for  this  would  be  a  punishment 
for  breach  of  discipline.  But  it  is  also  held  that  a  rule  which  causes  a  pupil  to 
stand  suspended  or  expelled  until  he  pays  for  the  injury  caused  by  him  to  school 
property,  or  until  he  pays  a  fine  which  may  be  assessed  against  him  for  such  in- 
jury, is  unreasonable  and  void,  because  in  such  a  case  he  would  be  suspended  or 
expelled,  not  because  of  the  injury  caused  by  him,  but  because  he  did  not  pay 
the   damages   or   the   fine. — Young,    May    27.    1908. 

If,  in  the  opinion,  and  according  to  the  best  judgment  of  the  board,  especially 
when  such  opinion  and  judgment  are  based  upon  experience  and  actual  results, 
the  board  determines  that  the  attendance  by  the  pupils  of  the  school  at  public 
dances  interferes  with  the  regular  school  work  of  those  participating  in  the  same, 
and  is  injurious  to  the  best  interests  of  the  school  in  general,  the  board  can,  by 
adopting  a  rule,  prohibit  such  attendance.  But  the  rule  adopted  must  be  a  rea- 
sonable one  under  all  the  circumstances,  and  if  suspended  for  violating  such  a 
rule,  a  pupil  can  have  the  court  determine  whether  the  rule  is  a  reasonable  one 
and  such  as  can  be  enforced,  or  is  arbitrary,  and  therefore  null  and  void. — Simp- 
son.  April   21.   1909. 

It  is  not  the  duty  of  a  school  board  to  build  a  barn  upon  or  near  the  school 
premises,  for  the  accommodation  of  the  horses  of  the  children  living  at  a  distance 
ifrom  the  school,  nor  can  the  board  be  compelled  to  build  such  a  structure.— 
Simpson,   Oct.    6,   1909. 


BOARDS    AND    OFFICERS.  29 

Although  the  law  does  not  expressly  provide  for  the  advertising  for  bids  prior 
to  letting  a  contract  by  the  board  for  building  a  school  house,  such  course  is  by 
all  means  advisable,  and  a  two  weeks'  publication  in  an  available  newspaper  is 
suggested,  to  the  end  that  due  publicity  may  be  given  of  the  fact  that  the  district 
is  desirous  of  receiving  bids  for  building  a  school  house,  and  that  by  such  action 
as   favorable   a   price  as   possible   may   be   secured. — Simpson,    July    22,    1909. 

School  boards  cannot  employ  and  pay  an  architect  for  work  done  before  a 
school  district  has  voted  to  erect  a  school  house,  plans  for  which  such  architect 
may  have  made,  the  architect's  plans  being  considered  a  part  of  the  work  of  build- 
ing  the    school   house. — Simpson,    June    25,    1909. 

The  offices  of  school  district  clerk  and  treasurer  may  be  held  by  husband 
and  wife,   they  being  otherwise  qualified. — Simpson,  July  13,   1909. 

It  is  not  competent  for  a  school  board  to  disregard  the  action  of  the  annual 
school  meeting,  in  determining  the  times  when  schools  shall  be  held  within  the 
district. — Simpson,    March   19,    1909. 

It  is  no  part  of  the  duties  of  the  school  board  to  take  action  or  interest  them- 
selves particularly  in  public  highways.  Such  board  is  chargeable  with  no  duty 
in  regard  to  highways,  and  has  no  authority  in  laying  out  the  same.  If  a  public 
highway  is  needed  for  the  benefit  of  the  district,  the  proper  procedure  is  to  take 
the  matter  up  by  petition  either  with  the  town  beard  or  the  county  commissioners. 
—Simpson,   Jan.   12,   1909. 

The  clerk  of  a  school  district  cannot  also  be  a  teacher  in  the  same  district. — 
Simpson,    July   21,    1909. 

Although  a  school  board  is  empowered  to  provide  for  the  free  transportation 
to  and  from  school  at  the  expense  of  the  district  of  all  pupils  residing  more  than 
one-half  mile  from  the  school  house,  for  the  whole  or  such  part  of  the  school 
year  as  they  may  deem  expedient,  such  board  is  not  campelled  to  do  so. — Simpson, 
Sept.    21,    1910. 

An  attorney  may  be  hired  by  a  school  board  for  the  performance  of  any  par- 
ticular service  which  is  necessary,  by  the  adoption  of  a  resolution  to  that  effect, 
but  it  is  not  competent  for  the  board  to  hire  an  attorney  by  the  year. — Simpson, 
Feb.    16,    1910. 

Permission  given  to  school  boards  to  provide  free  transportation  for  children 
has  only  to  do  with  transportation  to  the  public  schools,  and  such  boards  cannot 
furnish  transportation  to  pupils  attending  parochial  schools.. — Simpson,  Nov.  16, 
1910. 

Where  the  electors  of  a  school  district  borrow  money  from  the  state,  to  toe 
used  for  building  a  school  house,  the  school  board  has  no  authority  to  return 
the  money  to  the  state  and  have  the  bond  of  the  district  issued  to  the  state,  can- 
celled. This  could  only  be  done  by  the  school  district,  at  a  properly  called  special 
meeting,    for   tnat   purpose. — Simpson,    March   2,    1909. 

Plans  for  new  school  buildings  must  have  the  approval  of  the  state  board 
of  health;  the  law  providing  that  the  plans  and  specifications  for  a  new  school 
house  in  respect  to  sanitary  conditions,  shall  be  submitted  and  filed  with  the 
Minnesota  state  board  of  health,  and  that  no  school  building  shall  be  constructed 
until  the  sanitary  arrangements  of  the  same  have  been  approved  by  that  board. — 
Simpson,   May  18,   1910. 

43.    Additional  powers  of  board — The  school  board  may  also: 

(1)  Provide  for  the  admission  to  the  schools  of  the  district  of  non- 
resident pupils,  and  those  above  school  age,  and  fix  the  rates  of  tuition  for 
such  pupils. 

Provided,  in  case  a  person  has  real  property  in,  and  pays  taxes  thereon, 
in  a  common  or  an  independent  school  district  other  than  the  one  in  which 
he  resides,  then  such  person  shall  be  admitted  to  all  the  benefits  of  such 
other  school,  the  same  as  the  residents  therein,  and  if  the  owner  of  less 
than  80  acres  therein,  he  shall  be  admitted  to  all  the  benefits  of  said  school 
the  same  as  residents  therein,  upon  conforming  to  such  reasonable  terms 
for  tuition  as  the  board  of  education  of  such  school  district  may  have  estab- 
lished for  non-residents,  except  that  he  shall  be  entitled  to  have  the  amount 
of  school  taxes  which  he  pays  to  the  support  of  said  district  applied  in  pay- 
ment of  said  tuition  fees. 

Provided,  further,  that  nothing  in  this  act  shall  be  so  construed  as  to 
authorize  any  person  who  may  receive  any  of  the  benefits  or  privileges  of 
this  act  to  vote  at  any  school  district  meeting  of  the  school  district  within 
which  he  may  receive  such  benefits  or  privileges,  but  of  which  he  is  not  a 
member. 

(2)  Establish  and  organize,  alter  and  discontinue,  such  grades  of  schools 
as  they  may  deem  expedient. 


30  BOARDS    AND    OFFICERS. 

(3)  Upon  a  petition  of  a  majority  of  legal  voters  authorize  the  use  of 
any  school  house  in  the  district  for  divine  worship,  Sunday  schools,  public 
meetings,  elections  and  such  other  similar  purposes  as,  in  their  judgment, 
will  not  interfere  with  its  use  for  school  purposes;  but  before  permitting 
such  use,  the  board  may  require  the  bond  of  some  responsible  party,  in  the 
penal  sum  of  one  hundred  dollars,  conditioned  for  the  proper  use  of  such 
school  house,  the  payment  of  all  rent,  and  the  repair  of  all  damage  occa- 
sioned by  such  use,  and  they  shall  charge  and  collect  for  the  use  of  the  dis- 
trict from  the  persons  using  such  school  house  such  reasonable  compensa- 
tion as  they  may  fix.     (1321,  as  amended  by  chap.  445,  sec.  1,  1907.) 

Divine  Worship,  Etc. — This  statute  was  evidently  intended  to  cover  cases 
where  the  school  house  was  actually  rented  to  some  person  or  society  which 
had  no  connection  with  the  school  or  its  management.  It  was  never  intended 
to  be  used  as  a  cloak  or  subterfuge  to  enable  the  school  trustees  to  use  the 
school  house  and  the  teacher  employed  therein  with  public  school  moneys  to 
conduct   religious    worship   in   connection   with   such   school. 

(4)  Subject  to  such  rules  and  regulations  as  they  shall  adopt;  provide 
for  the  free  transportation  to  and  from  school,  at  the  expense  of  the  dis- 
tricts, of  all  pupils  residing  more  than  one-half  mile  from  the  school  house, 
for  the  whole  or  such  part  of  the  school  year  as  they  may  deem  expedient; 
and  in  school  districts  situated  in  more  than  one  county  shall  provide  such 
transportation  during  the  months  of  October,  November,  December,  January, 
February,  March  and  April  for  all  pupils  residing  two  miles  or  more  from 
the  school  house,  and  who  are  not  less  than  six  years  of  age  nor  more  than 
sixteen  years  of  age;  and  shall  require  from  every  person  employed  for 
that  purpose  a  reasonable  bond  for  the  faithful  discharge  of  his  duties,  as 
prescribed  by  the  board."  (Sec.  4,  chap.  445,  1907,  as  amended  by  chap. 
472,  1909.) 

(5)  Make  rules  and  regulations  respecting  the  protection  of  the  prop- 
erty of  the  district,  and  prescribe  penalties  for  a  breach  thereof,  to  be  re- 
covered for  the  use  of  the  district  as  penalties  in  other  oases,  before  a  jus- 
tice of  the  peace,  and  change  or  appeal  such  rules.  (1321,  as  amended  by 
chap.  445,  sec.  1,  1907.) 

The  question  of  whether  a  person  is  an  actual  resident  of  a  school  district 
is  one  which  depends  upon  the  facts  in  the  case. — 91  M.  268. 

The  board  has  sole  power  to  admit  non-resident  pupils  to  the  school.  Non- 
residents cannot  attend  without  its  permission,  and  it  may  withdraw  such  per- 
mission  at  any  time. — Young,   p.   196. 

Under  sec.  1321,  R.  L.,  the  board  has  the  sole  power  to  fix  the  rate  of  tuition 
for  non-resident  pupils.  It  may  take  into  consideration  the  relations  of  such 
non-residents  to  the  district;  and  if  such  non-residents  pay  taxes  in  the  district, 
it  may  fix  a  lower  or  nominal  rate  of  tuition  in  their  cases. — Young,  p.  200. 

The  right  of  a  child  to  free  tuition  depends  upon  the  residence  of  such  child 
without  regard  to  the  residence  of  its  parents.  If  such  child  comes  into  the  dis- 
trict for  the  mere  purpose  of  attending  school,  the  board  may,  In  its  discretion, 
charge  tuition,  or  exclude  him  altogether.  On  the  other  hand,  a  child  who 
actually  resides  in  the  district  is  entitled  to  school  privileges  without  charge. 
The  question  of  actual  residence  is  one  to  be  determined  from  all  the  facta  in 
each  case. — Young,  p.  177. 

Under  sec.  1321,  R.  L.,  a  parent  or  guardian  may  send  his  children  to  any 
school  he  pleases,  either  in  the  district  of  his  residence,  or  in  another,  by  com- 
plying with  the  regulations  of  the  board  of  such  other  districts  as  to  tuition,  etc. 
—Young,  p.  201.  .  _  .      ,  . 

The  school  board  may  charge  non-resident  pupils  the  cost  price  of  books  and 
supplies  used  by  them. — Young,  p.   196.  ,-,.,*..         .,  ,_   ,_ 

The  privilege,  extended  to  the  owner  of  land  in  a  school  district  in  which  he 
does  not  reside,  of  having  the  amount  of  tax  paid  by  him  on  his  land  applied  on 
the  tuition  of  his  children  in  case  he  wishes  to  send  them  to  the  school  of  such 
district,  docs  not  extend  to  the  tenant  or  renter  on  such  land.— Young,   p.   207. 

Pupils  attending  school  in  a  district  of  which  they  are  not  residents,  registered 
as  paying  book-rent,  shall  not  be  counted  for  drawing  apportionment,  under  sec. 
1321  and  1346,   R.   L.— Young,  p.   185. 


BOARDS    AND    OFFICERS.  31 

The  matter  of  attendance  of  non-resident  pupils,  is  to  be  governed  by  the 
school  board  of  the  district  where  such  pupils  wish  to  attend,  under  sec.  1321, 
R.  L.— Young,  p.  178. 

One  owning  more  than  eighty  acres  of  land  in  a  district  of  which  he  is  not 
a  resident,  is  entitled  to  send  his  children  to  school  in  such  district  without  pay- 
ing tuition;  but  if  he  owns  less  than  eighty  acres,  he  should  be  admitted  to  all 
benefits  of  such  district  upon  conforming  to  such  reasonable  tuition  charges  as 
the  board  has  established  for  non-residents,  and  is  entitled  to  have  the  school 
taxes  he  pays  to  support  such  district  applied  upon  tuition.  In  either  case  he 
is  not  entitled  to  vote  at  the  meetings  of  the  district;  construing  chapter  445, 
Laws   1907.— Young,   May,   1907. 

50.  Pupils  may  receive  instruction  in  adjoining  district — The  school 
board  of  any  district,  when  it  deems  it  advisable,  may  provide  for  the  in- 
struction of  its  pupils  in  an  adjoining  district,  and  in  such  case  may  discon- 
tinue the  schools  of  its  own  district,  or  of  any  grades  or  departments  in 
said  schools,  and  provide  for  the  free  transportation  of  the  pupils  of  its  own 
district  to  the  school  in  an  adjoining  or  nearby  district.  The  teachers  shall 
keep  the  registers  separately  for  the  pupils  from  such  district  discontinuing 
its  schools,  and  shall  return  the  registers  and  make  separate  records  to  the 
clerk  of  such  district  and  to  the  county  superintendent,  of  the  number  and 
names  of  pupils,  with  their  attendance,  and  such  district  shall  retain  its  or- 
ganization and  shall  be  entitled  to  public  money,  including  the  special  state 
aid  granted  to  common  schools  of  Class  A,  under  such  rules  as  may  be  fixed 
by  the  superintendent  of  public  instruction,  except  that  public  money  for 
non-resident  pupils  enrolled  in  the  high  school  department  shall  go  to  the 
district  in  which  the  high  school  is  located.  Such  aid  shall  be  paid  from 
the  appropriation  made  for  common  schools.  (C.  167,  1911,  repealing  sec. 
1322,  R.  L.  1905.) 

51.  Dissolution  of  school  districts  in  certain  cases — Any  common  school 
district  which  is  unable  to  raise  by  taxation  at  least  three  hundred  dollars 
($300.00)  for  the  support  of  each  school  in  said  district  by  levying  the  maxi- 
mum tax  rate  allowed  by  law  "for  that  purpose  may  be  dissolved,  annulled 
and  discontinued  by  the  county  board.  A  petition  requesting  the  taking  of 
such  action  shall  be  presented  to  said  county  board  and  shall  contain  a  cor- 
rect description  of  the  territory  included  in  said  district,  the  number  of  per- 
sons residing  therein,  the  names  and  ages  of  all  children  of  school  age 
residing  therein,  the  total  assessed  valuation  of  all  property  within 
said  district  and  request  that  such  district  be  dissolved,  annulled  and  dis- 
continued. Such  petition  shall  be  signed  by  a  majority  of  the  freeholders 
qualified  to  vote  for  school  officers  in  said  district,  and  before  being  pre- 
sented to  the  county  board  it  shall  be  approved  by  the  county  superintendent, 
of  schools  if  such  petition  meets  with  his  approval,  and  it  shall  also  be  ap- 
proved by  the  county  board  of  education.     (Sec.  1,  c.  500,  1909.)    . 

52.  Petition  of  county  board. — Upon  the  presentation  of  such  petition 
approved  as  aforesaid,  the  county  board  shall  designate  a  time  for  hearing 
the  same  and  notice  thereof  shall  be  given  in  the  manner  provided  by  law 
for  notice  in  the  case  of  the  information  of  the  school  district.  (Sec.  L, 
c.  500,  1909.) 

53.  Appeal  from  action  of  board — At  such  hearing  the  board  shall  act 
in  a  manner  similar  to  the  action  provided  by  law  for  the  formation  of  dis- 
tricts, and  any  person  aggrieved  may  appeal  in  like  manner.  (Sec.  3,  c 
500,  1909.) 


32  ROA.RDS    AND    OFFICERS. 

54.  Territory  to  come  under  jurisdiction  of  county  board  of  education — 

If  said  petition  is  granted  by  the  county  board,  then  said  school  district 
shall  from  that  time  cease  to  exist  and  all  of  the  territory  thereof  and  the 
schools  previously  conducted  by  it  shall  then  come  under  the  jurisdiction  of 
the  county  board  of  education  of  said  county,  and  shall  thereafter  be  man- 
aged by  said  county  board  of  education  in  the  same  manner  as  if  said  dis- 
trict had  never  been  organized.  And  it  shall  be  the  duty  of  the  officers  of 
said  vacated  school  district  to  forthwith  deliver  to  the  county  auditor  of 
said  county  all  of  the  books  and  records  of  said  school  district,  and  to  the 
county  treasurer  all  of  the  moneys  and  school  funds  in  its  possession. 
(Sec.  4,  c.  500,  1909.) 

55.  Outstanding  obligations — All  incurred  and  outstanding  obligations 
of  any  district  so  discontinued  and  vacated  shall  be  and  remain  a  charge 
upon  the  property  formerly  within  said  district  to  the  same  effect  as  if  said 
district  had  not  been  discontinued,  and  the  county  auditor  shall  each  year 
levy  against  all  of  the  taxable  property  within  the  limits  of  said  former 
school  district  a  sufficient  levy,  not  to  exceed  the  maximum  provided  by 
law,  for  the  cancellation  and  liquidation  of  such  outstanding  indebtedness, 
such  levy  to  be  made  year  after  year  until  said  entire  indebtedness  is  can- 
celled and  extinguished.  And  the  amount  levied  by  the  county  board  of 
education  upon  all  taxable  property  in  unorganized  territory  shall  be  levied 
upon  the  property  within  the  limits  of  said  former  school  district  in  addition 
to  the  amount  so  levied  by  said  auditor  and  in  the  same  proportion  that  it 
is  levied  upon  the  taxable  property  in  said  county  outside  of  organized  school 
districts. 

56.  Not  applicable  to  certain  counties — This  act  shall  not  apply  to  any 
county  or  counties  not  having  a  county  board  of  education  as  provided  by 
chapter  76,  General  Laws  1907.     (Sees.  5  and  6,  c.  500,  1909.) 

57.  Children  Permitted  to  attend  school  in  adjoining  district — Mode  of 
procedure — The  child  or  children  of  any  person  in  this  state  not  resident 
within  the  limits  of  any  incorporated  city  or  village  of  this  state,  and 
residing  more  than  two  miles  by  the  nearest  traveled  road  from  the  school- 
house  in  the  district  where  such  child  or  children  reside,  are  hereby  author- 
ized to  attend  school  at  a  school  or  schoolhouse  in  an  adjoining  district 
nearer  to  such  residence  than  the  said  schoolhouse  in  the  said  district 
where  such  child  or  children  reside,  upon  such  reasonable  terms  as  shall 
be  fixed  by  the  school  board  of  such  adjoining  district,  upon  application 
of  the  parents  or  guardian  of  such  child  or  children.  In  case  such  parent 
or  guardian  is  not  satisfied  or  cannot  comply  with  the  terms  and  conditions 
fixed  and  determined  by  the  school  board  of  such  adjoining  district,  and 
shall  apply  to  the  State  Superintendent  of  Public  Instruction  for  that  pur- 
pose, the  State  Superintendent  of  Public  Instruction  shall  give  such  notice 
of  such  application  to  the  clerk  of  the  school  board  of  such  adjoining  district 
as  shall  be  determined  by  such  Superintendent  of  Public  Instruction,  and 
shall  after  such  notice,  decide  such  application  and  fix  such  terms  and  con- 
ditions for  the  attendance  of  such  child  or  children  in  such  adjoining  dis- 
trict as  shall  be  just  and  reasonable,  and  thereupon  such  child  or  children 
may  attend  such  school  in  such  adjoining  district  upon  compliance  with  the 


BOARDS    AND    OFFICERS.  33 

terms  fixed  by  such  superintendent  of  public  instruction,  the  same  in  other  re- 
spects as  if  resident  in  the  district  where  such  schoolhouse  is  situated. 
Provided  that  nothing  herein  contained  shall  be  construed  as  repealing, 
amending  or  modifying  the  provisions  of  Section  1321,  Revised  Laws  of  1905, 
as  amended  by  Chapter  445  of  the  General  Laws  of  Minnesota,  1907.  (c.  342, 
1911) 

58.  Additional  powers  of  boards  in  independent  districts — The  school 
board  of  any  independent  district  may  also: 

1.  Establish  and  maintain  public  evening  schools  as  a  branch  of  the 
public  schools,  and  such  evening  schools,  when  so  maintained,  shall  afford 
a  continuous  session  of  not  less  than  two  hours  on  each  school  day,  shall 
be  available  to  all  persons  over  ten  years  of  age  who  from  any  cause  are 
unable  to  attend  the  public  day  schools,  and  attendance  at  such  evening 
schools  shall  entitle  such  district  maintaining  the  same  to  its  pro  rata 
apportionment  of  state  school  funds  for  all  pupils  not  over  twenty-one  years 
of  age,  the  same  as  if  such  pupils  attended  the  day  schools  of  such  dis- 
trict. Except  as  herein  provided,  such  evening  schools  shall  be  under  the 
same  regulations  as  day  schools  of  like  grade. 

2.  Establish  and  maintain  one  or  more  kindergartens  for  the  instruc- 
tion of  children  above  four  and  under  six  years  of  age. 

3.  Receive,  for  the  benefit  of  the  district,  bequests,  donations,  or  gifts 
for  any  proper  purpose,  and  apply  the  same  to  the  purpose  designated. 

4.  Remove  for  proper  cause  any  member  or  officer  of  the  board,  and 
fill  the  vacancy;  but  such  removal  must  be  by  a  concurrent  vote  of  at  least 
four  members,  at  a  meeting  of  whose  time,  place,  and  object  he  has  been 
duly  notified,  with  the  reasons  of  such  proposed  removal,  and  after  an  op- 
portunity to  be  heard  in  his  own  defence.     (1323) 

59.  Special  duties  of  boards  in  common  school  districts — The  school 
board  of  every  common  school  district  shall  submit  to  the  annual  school 
meeting  an  estimate  of  the  expenses  of  the  district  for  the  coming  year  for 
five-months  school,  and  for  such  further  time  as  it  may  be  decided  by  the 
meeting  to  hold  school,  and  for  such  other  specified  purposes  as  the  board 
may  deem  proper,  and,  if  such  meeting  shall  fail  to  vote  a  sufficient  tax  to 
maintain  a  school  for  such  time,  the  board  shall  levy  such  tax;  but  no  such 
school  board  shall  expend  any  money  or  incur  any  liability  for  any  purpose 
beyond  the  sum  appropriated  by  vote  of  the  district  for  such  purpose,  or 
levied  by  the  board  pursuant  to  this  section,  or  on  hand  and  applicable  there- 
to. When  the  district  has  decided  by  vote  at  any  legal  meeting  to  open 
more  than  one  school,  the  board  shall  provide  for  opening  such  school  or 
schools,  and  assign  to  each  a  proper  number  of  pupils.     (1324) 

60.  Special  duties  of  board  in  independent  districts — In  addition  to  the 
duties  hereinbefore  imposed,  the  school  board  of  each  independent  school 
district  shall: 

1.  Make,  and,  when  deemed  advisable,  change  or  repeal,  rules  relating 
to  the  organization  and  management  of  such  board  and  the  duties  of  its 
officers. 

2.  Provide  by  levy  of  tax  necessary  funds  for  the  conduct  of  schools, 


34  BOARDS    AND    OFFICERS. 

the  payment  of  indebtedness,  and  all  proper  expenses  of  the  district.     (1325) 

In  an  independent  district,  the  board,  and  not  the  electors,  should  determine 
the  length  of  school  to  be  held;  under  sec.  1325. — Young,  p.  181. 

61.  Duties  of  clerk. — The  clerk  shall  keep  in  books  provided  for  that 
purpose  a  record  of  all  meetings  of  the  district  and  the  board.  He  shall, 
within  three  days  after  the  meeting,  notify  all  persons  elected  upon  any 
school  board  or  as  officers  of  any  district  of  their  election,  and,  on  or  before 
August  10  in  each  year,  make  and  transmit  to  the  county  superintendent  o 
certified  report,  showing: 

1.  The  condition  and  value  of  school  property. 

2.  The  receipts  and  disbursements  in  detail,  and  such  other  financial 
matters  as  may  be  called  for  by  the  state  superintendent. 

3.  The  annual  arrangement  of  terms  of  school,  and  the  grading,  if  any 
thereof. 

4.  The  names  and  postoffice  addresses  of  all  trustees  and  other  officers. 

5.  Such  other  items  of  information  as  may  be  called  for  by  the  state 
superintendent. 

He  shall  enter  in  his  record  book  copies  of  all  his  reports  and  of  the 
teachers'  term  reports,  as  they  appear  in  the  registers,  and  of  the  proceed- 
ings of  any  meeting  as  furnished  him  by  the  clerk  pro  tem.,  and  shall  keep 
an  itemized  account  of  all  the  expenses  of  the  district;  and  in  common  dis- 
tricts he  shall  report  to  the  county  superintendent  the  time  of  commence- 
ment of  each  term  at  least  two  weeks  in  advance.  He  shall  furnish  to  the 
county  auditor  or  auditors  of  the  proper  county  or  counties,  on  or  before 
October  10  of  each  year,  an  attested  copy  of  his  record,  showing  the  amount 
of  money  voted  by  the  district  or  the  board  for  school  purposes;  shall  draw 
and  sign  all  orders  upon  the  treasurer  for  the  payment  of  money  for  bill? 
allowed  by  the  board  for  salaries  of  officers  or  for  teachers'  wages,  to  be 
countersigned  by  the  chairman.  Such  orders  shall  state  the  consideration, 
payee,  and  fund,  and  the  clerk  shall  take  a  receipt  therefor.  Teachers' 
wages  shall  have  preference  in  the  order  in  which  they  become  due,  and  no 
money  applicable  for  teachers'  wages  from  the  current  fund  shall  be  used 
for  any  other  purpose,  nor  shall  teachers'  wages  be  paid  from  any  fund  ex- 
cept that  raised  or  apportioned  for  that  purpose.   (1326) 

The  issuance  of  an  order  by  the  clerk  of  a  district  to  pay  the  -wages  of  a 
teacher  known  by  him  not  to  have  been  licensed  to  teach,  is  an  unlawful  diversion 
of  the  funds  of  the  district,  and  subjects  him  to  the  penalty  provided  by  law. — 
31   M.    333. 

There  is  no  provision  of  law  requiring  the  civing  of  a  bond  by  the  clerk  of  a 
common  school  district. — Simpson,   May  19,   1909. 

62.  Duties  of  treasurer — The  treasurer  shall  receive  and  be  respon- 
sible for  all  moneys  of  the  district,  and  shall  disburse  the  same  on  orders 
signed  by  the  clerk  and  countersigned  by  the  chairman,  or  other  vouchers 
authorized  by  law.  Each  order  shall  state  the  fund  on  which  it  is  drawn, 
the  name  of  the  payee,  and  the  nature  of  the  claim  for  which  such  order 
is  issued.  He  shall  keep  an  account  of  each  fund,  and  of  all  receipts  and 
disbursements,  showing  the  source  of  such  receipts  and  nature  and  purpose 
of  such  disbursements,  and  within  three  days  preceding  the  annual  meeting 
shall  file  with  the  clerk  a  detailed  financial  statement  of  the  district,  show- 
ing all  receipts  and  disbursements,  and  the  nature  of  the  same,  the  moneys 
on  hand  and  the  purpose  to  which  the  same  are  applicable,  the  credits  of  the 


BOARDS    AND    OFFICERS.  35 

district,  and  its  outstanding  liabilities,  and  the  nature  thereof.  Such  report, 
together  with  his  vouchers,  shall  be  examined  by  the  board,  and,  if  found 
correct,  approved  by  resolution,  entered  in  the  records.  If  incomplete  or  n- 
accurate,  a  further  or  amended  report  may  be  required  by  the  board. 
Such  report,  when  complete,  shall  be  laid  before  the  annual  meeting,  to  be 
in  like  manner  approved.  He  shall  make  such  further  reports  as  may  from 
time  to  time  be  called  for  by  the  board,  and  shall  perform  all  duties  usually 
incumbent  on  such  officer. 

Every  order  drawn  for  the  payment  of  teachers'  wages,  and  for  any 
other  lawful  purpose,  after  having  been  presented  to  the  treasurer  for 
payment,  and  not  paid  for  want  of  funds,  shall  be  endorsed  by  the  treasurer 
by  putting  on  the  back  thereof  the  words,  "Not  paid  for  want  of  funds," 
giving  the  date  of  indorsement  and  signed  by  the  treasurer.  A  record  of 
such  presentment,  non-payment  and  indorsement,  shall  be  made  by  tho 
treasurer.  Every  such  order  shall  bear  interest  at  the  rate  of  6  per  cent 
per  annum  from  the  date  of  presentment,  until  the  treasurer  serves  a 
written  notice  upon  the  payee  or  his  assignee,  personally,  or  by  mail,  that  he 
is  prepared  to  pay  such  order;  such  notice  may  be  directed  to  the  payee  or 
his  assignee  at  the  address  given  in  writing  by  such  payee  or  assignee  to 
such  treasurer,  at  any  time  prior  to  the  service  of  such  notice;  no  order 
shall  draw  any  interest  if  such  address  is  not  given  when  the  same  is  un- 
known to  the  treasurer.  (1327  as  amended  by  Chap.  445,  Sec.  2,  1907) 

When  the  treasurer  has  lost  district  funds  by  burglary,  without  his  own  fault, 
he  and  his  bondsmen  are  liable  for  the  loss;  and  a  vote  of  the  district  to  discharge 
him  from  the  obligation  is  of  no   effect.— 44  M.   427. 

The  treasurer  of  a  district  is  not  required  to  allow  certificates  of  deposits  to 
remain  on  deposit  in  the  bank  which  issued  them;  but  he  may  convert  them  into 
money  if  he   desires. — 9S  M.   535. 

The  treasurer  who  mingles  school  funds  with  his  own,  but  who  is  able  and 
willing  at  all  times  to  pay'  all  legal  orders  of  the  district,  and  accounts  for  all 
mioney  received  during  his  term  at  the  end  of  his  term,  is  not  liable  after  such 
accounting   and    after    the    end    of   his    term. — 98    M.    535. 

The  practice  of  county  treasurers  redeeming  district  orders  out  of  district 
funds  on  hand,  instead  of  paying  tho«e  funds  over  to  the  district  treasurer,  is 
rerrehensiMe  as  liable  to  abuse,   and  ought   to  be  discontinued. 

"Has  the  treasurer  authority  to  recognize  by  payment  an  order  signed  by 
the  clerk  onlv?"  It  will  be  observed  that  it  is  only  when  attested  by  the  director 
that  the  treasurer  is  authorized  to  pay.  Paragraph  93  (sec.  71)  provides  for  the 
payment  of  orders  signed  by  the  director  alone  in  case  of  the  absence,  inability 
or  refusal  of  the  clerk  to  draw  orders. — Hahn,  p.  509. 

The  law  implies  that  the  books  and  moneys  shall  be  turned  over  to  the 
newiy  elected  treasurer  at  once,  when  he  shall  have  qualified,  and  refusal  on  the 
part  of  the  old  incumbent  to  thus  complv  with  the  law  would  subject  him  tlo» 
prosecution.  It  is  embezzlement  for  a  school  district  treasurer  to  refuse  to  ac- 
count to  his  successor  in  office  and  withhold  from  him  the  moneys  of  the  district. 
— Childs,  June  7.  1893.  .  „_      . 

A  person  who  executes  any  of  the  functions  of  a  public  office  without  having 
executed  and  drlv  filed  the  required  security  is  guiltv  of  a  misdemeanor,  and  in 
addition  to  the  punishment  prescribed  therefor,  he  forfeits  his  right  to  the  office. 
— Penal  Code. 

A  failure  on  the  part  of  a  treasurer-elect  to  execute  a  bond  within  the  re- 
quired time  makes  it  the  duty  of  the  director  and  clerk  to  appoint  another  treas- 
urer.—Childs,  July  8,  1892.  „     , 

There  is  no  provision  of  law  for  a  deputy  district  treasurer.  Removal  of  the 
treasurer  from  the  di^lrict  creates  a  vacancy  in  the  office  which  should  be  filled 
bv  appointment. — Donahower,  p.  137. 

Under  sec.  1327,  R.  I*,  the  treasurer  of  a  district  is  legally  and  morally 
responsible  for  all  money  of  the  district  in  his  hands.  He  should  not  intermingle 
such  money  with  his  own.  If  he  deposits  such  money  in  a  bank  which  pays  in- 
terest thereon,  the  interest  belongs  to  the  district.  He  cannot  speculate  or  make 
profit  out   of  such   funds. — Young,    p.   386. 

Under  sec.  1327.  R.  L.,  the  treasurer  of  a  district  is  authorized  to  pay  out 
monev  only  upon  orders  signed  bv  the  clerk  and  countersigned  by  the  chairman; 
and  if  he  wilfully  violates  this  provision,  he  may  be  punished  under  sec.  4796,  R. 
L.,  or  called  to  an  accounting  in  a  civil  action. — Toung,  p.   203. 

Under  sec.  1327.  R.  L.,  the  treasurer  must  submit  a  detailed  statement  of  the 
finances   of  the   district   to   the   board  three   days   before   the   annual   meeting;    and 


36  BOARDS    AND    OFFICERS. 

such  statement  should  be  examined  by  the  board  and,  when  complete,  should 
be  laid  before  the  annual  meeting1  for  approval.  If  the  board  is  not  satisfied 
with  such  statement,  or  has  reason  to  believe  it  is  not  correct,  it  may  bring 
suit  upon  the  bond  of  the  treasurer  and  try  the  whole  matter  in  court. — Young, 
p.   387. 

The  law  does  not  provide  that  school  orders  presented  to  the  district  treas- 
urer, and  indorsed  "Not  paid  for  want  of  funds,"  shall  be  paid  by  the  treasurer 
in  the  order  in  which  they  have  been  refused,  when  there  are  available  funds 
in  the  treasury  for  the  payment  of  such  orders,  but  it  is  suggested  thajt  that 
course  of  procedure  should  be  followed,  and  the  orders  redeemed  in  the  order 
in  which  they  have  been  presented  and  refused,  unless  there  is  some  good  reason 
for  contrary  action. — Simpson,   May  19,   1909. 

Two  things  must  concur  In  order  for  a  school  district  treasurer  to  receive 
compensation:  First,  approval  of  his  annual  report  by  the  board,  and  after 
that,  a  vote  of  the  regular  school  meeting  of  the  district,  fixing  his  compensation 
at  not  exceeding  two  per  cent  of  amounts  disbursed  bv  him  during  the  year. — 
Simpson.  July  20,  1910. 

A  school  district  treasurer  cannot  enter  into  a  contract  with  the  district  for 
the  transportation  of  children  to  and  from  school,  and  if  he  does  so  he  becomes 
liable  for  committing  a  gross  misdemeanor,  under  section  5032,  R.  L.  1905. — Simp- 
son,  Sept.  15,  1909. 

63.  Bond  of  treasurer — Every  school  district  treasurer  shall  give  bond 
to  the  state  in  a  sum  equal  to  twice  the  amount  of  money  that  will  probably 
come  into  his  hands  during  any  one  year  of  his  term,  to  be  approved 
by  the  hoard  and  filed  with  the  clerk,  conditioned  for  the  faithful  discharge 
of  his  official  duties.  The  chairman  and  clerk  may  at  any  time  require 
such  treasurer  to  give  a  new  bond,  and,  upon  his  failure  to  give  bond  as 
required  by  this  section,  they  may  declare  the  office  vacant,  and  appoint  a 
successor;  provided,  however,  that  if  the  said  bond  so  furnished  by  the 
treasurer  be  that  of  a  surety  company,  authorized  to  do  business  in  the 
State  of  Minnesota,  then  the  amount  of  such  bond  shall  be  equal  to  the 
amount  of  money  that  will  probably  come  into  his  hands  during  any  one 
year  of  his  term.     (1328  as  amended  by  Chap.  95,  1907) 

The  act  of  the  director  and  clerk  of  a  district  in  approving  the  treasurer's 
bond  is  one  requiring  the  exercise  of  judgment  and  discretion,  and  is  therefore 
a   judicial  act.— 72   M.   37. 

The  statute  requiring  the  treasurer's  bond  to  be  in  double  the  amount  of  money 
that  shall  come  into  his  hands,  means  the  aggregate  amount  that  will  come  into 
his  hands,  and  not  the  probable  amount  that  will  be  in  his  hands  at  any  one  time.— 
72  M.  37. 

64.  Compensation  of  chairman  to  be  fixed  at  regular  school  meeting — 
The  chairman,  when  present,  shall  preside  at  all  meetings  of  the  board  and 
of  the  district,  except  when  a  moderator  has  been  chosen;  shall  counter- 
sign all  orders  upon  the  treasurer  for  claims  allowed  by  the  board;  shall 
represent  the  district  in  all  actions;  and  shall  perform  all  the  duties  usually 
incumbent  on  such  officer. 

In  case  of  absence,  inability  or  refusal  of  the  clerk  to  draw  orders  for 
the  payment  of  money  authorized  by  a  vote  of  the  majority  of  the  board  to 
be  paid,  the  orders  may  be  drawn  by  the  chairman,  and  paid  by  the  treas 
urer,  a  statement  thereof,  with  a  copy  of  such  orders,  being  delivered  to  the 
clerk  by  the  treasurer,  or  the  office  of  the  clerk  may  be  declared  vacant  by 
the  chairman  and  treasurer,  and  filled  by  appointment. 

The  chairman  may  receive  as  compensation  such  an  amount  as  may  be 
determined  at  the  regular  school  meeting  of  the  district,  but  such  compensa- 
tion shall  not  exceed  six  dollars  in  any  one  year.  (Sec.  1330,  R.  L.  1905,  as 
amended  by  c.  445,  1907,  as  amended  by  c.  240,  1911) 

65.  Duties  of  superintendent — The  superintendent  in  independent  or 
special  districts  shall  visit  the  schools  of  the  district,  and  exercise  a  general 
supervision  over  them,  and  report  their  condition  to  the  board,  with  proper 


BOARDS    AND    OFFICERS.  37 

recommendations,  when  he  deems  it  advisable,  or  when  requested  by  the 
board.  He  shall  superintend  the  grading  of  the  schools  and  examinations 
for  promotion,  and  shall  perform  such  other  duties  as  the  board  shall 
prescribe.  He  shall  make,  either  directly  to  the  state  superintendent,  or 
through  the  county  superintendent,  such  reports  as  shall  be  required.  (1331) 

66.  Compensation  of  treasurer — The  treasurer  of  such  district  may  re- 
ceive as  compensation  such  an  amount  as  may  be  determined  at  the  regular 
school  meeting  of  the  district  not  exceeding  two  per  cent  of  amounts  dis- 
bursed by  him  during  the  year  and  to  be  allowed  only  after  his  annual  report 
shall  have  been  approved  by  the  board.     (1333) 

Under  sec.  1333.  R.  L.,  the  compensation  of  the  treasurer  is  limited  to  the  sum 
voted  him  by  the  district,  not  exceeding  two  per  cent  of  the  amounts  disbursed 
by  him  during'  his  term  of  office.  He  is  not  entitled  to  percentage  on  sums  dis- 
bursed by  his  predecessor. — Young,   p.   387. 

67.  Compensation  of  clerks  of  common  districts — The  clerk  of  each 
common  district  shall  be  paid  at  the  rate  of  two  per  cent  of  the  cash  dis- 
bursements for  the  year,  upon  making  his  annual  report  to  the  superintendent 
as  required  by  law  accurately  and  in  proper  time;  but  such  compensation 
shall  not  exceed  six  dollars  in  any  one  year,  unless  a  greater  compensation 
has  been  voted  at  a  meeting  of  the  district  upon  a  notice  stating  that  action 
would  be  had  at  such  meeting  respecting  such  increase  of  compensation. 
Such  payment  shall  be  made  by  the  treasurer  upon  a  certificate  of  the 
superintendent  that  such  clerk  is  entitled  thereto.     (1332) 

Under  sec.  1332  and  1333,  R.  L.,  a  clerk  of  a  common  district  is  entitled  to 
no  more  than  $fi  per  year  compensation,  unless  more  is  voted  him  at  a  meeting 
of  the  district,  held  upon  notice  stating  that  action  will  be  taken  at  such  meet- 
ing on  such  increase  of  compensation.  The  treasurer  is  entitled  to  two  per 
cent  on  the  amounts  disbursed  by  him,  but  only  after  approval  of  his  fennuafl 
account  by  the  board.     A   director  is  not  entitled  to  conpensation. — Young,  p.   202. 

68.  Same — (Independent  districts — Other  pay  pirohibited — The  clerk, 
treasurer,  and  superintendent  of  independent  districts  shall  receive  such 
compensation  as  may  be  fixed  by  the  board.  No  officer  or  member  of  any 
school  board  shall  receive  pay  as  such,  except  as  provided  in  this  chapter. 
(1334) 

63.  Appointment  of  clerk. — The  board  of  education  in  any  special  school 
district  at  its  annual  meeting  for  organization,  may,  at  rts  option,  appoint 
as  its  clerk  or  secretary  a  person  not  a  member  of  such  board,  and  may 
make  provision  for  his  compensation  in  accordance  with  existing  law. 
(C.  277,  1909,  repealing  all  general  or  special  inconsistent  acts.) 

70.  Opinion  of  attorney  general — If  any  difference  of  opinion  arises  be- 
tween school  officers,  or  any  doubt  as  to  the  proper  construction  of  any  part 
of  this  chapter,  or  as  to  their  powers  or  duties,  the  state  superintendent,  at 
the  request  of  any  such  officer,  shall  submit  such  question  to  the  attorney 
general,  who  shall  give  his  written  opinion  thereon  to  such  superintendent, 
and  such  opinion  shall  be  binding  until  annulled  or  overruled  by  a  court. 
(1335) 


38  DEPOSITORIES    FOR    SCHOOL    DISTRICT    MONEYS. 


CHAPTER    IV. 
DEPOSITORIES    FOR    SCHOOL   DISTRICT    MONEYS. 

71.  School  officers  may  select  depositories — The  officers  of  the  several 
common  and  independent  school  districts  in  this  state  may  in  their  discretion, 
select  and  designate  as  a  depository  or  depositories  for  school  district 
moneys,  any  national  or  state  bank,  or  banks,  for  a  period  not  exceeding 
three  years  on  the  execution  of  such  bank  or  banks  of  a  sufficient  bond  to 
the  school  district  in  double  the  sum  deposited,  except  in  cases  where  the 
bond  furnished  is  that  of  a  surety  company  authorized  to  do  business  in  the 
state  of  Minnesota,  and  in  such  cases  the  amount  of  bond  shall  be  equal 
to  the  estimated  sum  to  be  deposited,  to  be  approved  by  the  board  and 
filed  in  the  office  of  the  county  auditor  of  the  county  wherein  said 
school  district  may  be  situated,  and  thereupon  may  require  the  treas- 
urer to  deposit  all  or  any  part  of  the  school  district's  money  in  such 
bank  or  banks.  Such  designation  shall  be  in  writing  and  shall  set 
forth  all  the  terms  and  conditions  upon  which  the  deposits  are  made, 
be  signed  by  the  chairman  and  clerk  or  president  and  clerk,  as  the 
case  may  be,  and  filed  with  the  clerk.  That  thereupon  such  bank 
or  banks  shall  become  a  legal  depository  or  depositories  for  school  district 
moneys  and  thereafter  the  school  district  treasurer  shall  deposit  such  school 
district  moneys  therein  as  he  shall  be  required  from  time  to  time  to  de- 
posit by  such  school  district  officers.  (C.  133,  1907,  as  amended  by  c.  332, 
1909.) 

72.  Treasurer  to  be  exempt  from  liability — The  school  district  treasurer 
and  the  sureties  on  his  bond  shall  be  exempt  from  liability  to  the  school  dis- 
trict by  reason  of  the  loss  of  any  funds  of  such  school  district  deposited  in 
any  such  bank  or  banks  from  the  failure,  bankruptcy  or  other  acts  of  such 
bank  or  banks  to  the  extent  and  amount  of  such  funds  in  such  bank  or  banks 
at  the  time  of  such  failure  or  bankruptcy,  (c.  133,  1907,  as  amended  by  c. 
332,  1909.) 

If  a  school  board  has  properly  designated  a  bank  as  a  depository,  a  proper 
bond  having  been  furnished  and  accepted,  it  becomes  the  duty  of  the  treasurer 
to  deposit  the  funds  of  the  district  in  such  bank,  and,  failing  to  do  so,  he  is  per- 
sonally responsible  for  such  funds,  and  if  they  are  lost  he  and  his  bondsmen  can 
be  held  therefor.  Action  in  mandamus  will  lie  to  compel  him  to  deposit  the  funds 
in  the  designated  depository — Simpson,   Aug.   19,   1909. 

73.  Interest  computed  monthly — All  interest  on  moneys  deposited,  as 
hereinbefore  provided,  shall  be  computed  on  monthly  balances,  and  become 
the  property  of  said  school  district,  (c.  133,  1907,  as  amended  by  c.  332, 
1909.) 

74.  Officers  not  allowed  additional  compensation — No  additional  com- 
pensation or  fees  shall  be  paid  any  of  the  school  district  officers  by  reason 
of  any  of  the  provisions  of  this  act.    (C.  133,  1907,  as  amended  by  c.  332,  1909.) 


BONDS.  39 


CHAPTER   V. 
BONDS. 

75.  Bonds,  how  issued — The  trustees  or  board  ol  education  of  any  school 
district  in  this  state,  whether  such  district  be  organized  by  or  under  any 
special  law  of  this  state,  or  otherwise,  are  hereby  authorized  and  fully  em- 
powered to  issue  the  orders  or  bonds  of  their  respective  districts,  witb 
coupons,  in  such  amounts  and  at  such  periods  as  they  may  be  directed  by  a 
vote  of  a  majority  in  favor  thereof  of  the  legal  voters  present  and  voting  at  any 
annual  meeting,  or  at  any  special  meeting,  called  for  the  purpose,  of  the  dis- 
trict; said  orders  or  bonds  to  be  payable  in  such  amounts  and  at  such  times, 
not  exceeding  fifteen  years,  as  the  legal  voters  thereof  at  such  meeting  shall 
determine,  with  interest  not  to  exceed  seven  per  cent  per  annum;  which 
orders  or  bonds  and  coupons  shall  be  signed  by  the  directors  and  counter- 
signed by  the  clerk  of  said  district,  or  by  the  president  of  [the]  board  of 
education  and  the  clerk  of  the  board  of  education.  (3688  as  amended  Dy 
Chap.  272,  1905.) 

76.  Vote  required — No  bonds  of  a  school  district  shall  be  issued  without 
the  approval,  first  obtained,  of  a  majority  of  the  legal  voters,  present  and 
voting,  at  a  special  election  called  for  the  purpose,  or  at  any  annual  meeting, 
in  the  notice  whereof,  the  proposed  issue  shall  have  been  plainly  submitted 
for  approval  or  rejection.    (3688  as  amended  by  c.  272,  1905.) 

Authority  given  to  i«=ue  bonds  for  a  school  house  implies  the  power  to  sell 
them.— 17   M.   412    ("Gil.    3911. 

The  minutes  of  a  meeting  upon  the  issuance  of  bonds  were  kept  by  the  secre- 
tary, and  the  next  day  he  transcribed  them  into  the  records.  In  such  case  the 
records,  and  not  the  minutes,  are  the  original;  and  such  record  is  the  evidence. — 
17   M.    412    (Gil.   391). 

Notice  of  special  meeting  to  vote  upon  the  issue  of  bonds  should  state  the 
hour  of  opening  and  closing  the  polls. — Young,  April  24,   1908. 

77.  Bonds,  for  what  purpose — When  the  voters  of  a  school  district 
shall  have  resolved  that  it  is  expedient  to  borrow  money  for  one  or  more 
of  the  purposes  hereinafter  named,  and  a  proposition  so  to  do  shall  have 
been  duly  submitted  to  and  approved  by  the  voters,  the  bonds  of  such  school 
district,  including  special  and  independent  districts,  whether  lying  within  a 
city  or  village,  or  not,  may  be  issued  for  the  purchase  of  sites  for  school 
houses  and  for  defraying  the  expenses  incurred  and  to  be  incurred  in  build- 
ing, rebuilding,  remodeling,  repairing,  and  furnishing  school  houses,  and  in- 
stalling heating  and  ventilating  and  plumbing  plants  in  the  same,  and  equip- 
ping the  same  with  libraries,  apparatus,  and  other  school  furniture.  (784, 
amended  by  c.  261,  1909.) 

78.  Bonds  and  loans  from  the  state — The  state  loans  money  on  school 
bonds  at  a  rate  not  less  than  four  per  cent  per  annum,  and  for  such  time 
as  may  be  determined.  If  a  district  wishes  to  borrow  money  from  the  state, 
application  should  be  made  to  the  State  Auditor  at  St.  Paul,  for  necessary 
blanks  and  full  information.  Consult,  also,  the  law  authorizing  such  loans, 
(c.  122,  1907) 


40  BONDS. 

79.  Certain  districts  not  to  issue  bonds  or  evidence  of  indebtedness 
without  authority — No  independent  school  district  situate  wholly  or  in  part 
within  any  city  having  a  population  of  more  than  fifty  thousand,  and  now 
empowered  to  issue  bonds,  either  with  or  without  the  approval  of  the  voters 
of  such  district,  shall  have  power  to  issue  any  bonds  or  any  evidence  of  in- 
debtedness, unless  first  thereunto  authorized  by  a  two-thirds  vote  of  the 
legislative  body  of  the  city  within  which  such  school  district  is  situate  in 
whole  or  in  part.     (Sec.  1,  c.  363,  1911) 

80.  Can  be  issued  only  under  certain  conditions — No  such  school  dis- 
tract shall  have  power  to  issue  bonds  or  any  evidence  of  indebtedness  run- 
ning more  than  two  years,  whenever  the  aggregate  of  the  outstanding  bonds 
and  evidences  of  indebtedness  of  such  district  equals  or  exceeds  three  and 
one-half  per  cent  of  the  assessed  value  of  all  the  taxable  property  within 
such  school  district.      (Sec.  2,  c.  363,   1911) 

81.  Certain  bonds  exempt  from  taxation — Bonds  and  certificates  of 
indebtedness  hereafter  issued  by  the  state  of  Minnesota  *  *  *  *  *  or 
by  any  common  or  independent  school  district  of  said  state.  *  *  *  *  * 
shall  hereafter  be  exempt  from  taxation,  provided  that  nothing  herein  con- 
tained shall  be  construed  as  exempting  such  bonds  from  the  payment  of  a 
tax  thereon  as  provided  for  by  Chap.  288,  Laws  1905,  when  any  of  such  bonds 
constitute,  in  whole  or  in  part,  any  inheritance  or  bequest,  taken  or  received 
by  any  person  or  persons  or  corporation,     (c.  242,  1911.) 

82.  Investment — The  treasurer  of  any  school  district  in  the  state  is 
authorized  to  invest  any  of  the  sinking  funds  in  his  hands  belonging  to  such 
school  district  in  bonds  of  the  State  of  Minnesota,  or  of  any  other  state,  or 
in  bonds  of  any  county,  school  district,  city,  town  or  village  of  the  state, 
but  no  investment  shall  be  made  in  bonds  issued  to  aid  in  the  construction 
of  any  railroad;  provided,  however,  that  the  net  return  of  any  such  invest- 
ment, taking  into  account  the  price  paid  for  the  bonds,  the  date  when  the 
same  shall  fall  due  and  the  rate  of  interest  thereon,  shall  be  at  a  rate  not 
less  than  3%  per  cent  per  annum  for  the  whole  period  elapsing  before  the 
maturity  thereof;  and  provided  further,  that  any  such  investment  shall  be 
made  only  after  the  same  has  been  duly  authorized  at  a  general  or  special 
meeting  of  the  boiwd  of  directors  or  trustees  of  such  school  district.  (Chan. 
354,  Sec.  1,  1907) 

83.  Liability  of  treasurer— For  any  loss  occurring  by  reason  of  the  de- 
preciation of  ar.y  securities  purchased  under  the  provisions  of  this  act,  or 
by  reason  of  the  failure  to  pay  the  same,  or  any  part  thereof,  on  the  part  of 
the  public  body  or  corporation  issuing  the  same,  the  treasurer  making  the 
investment  and  the  sureties  upon  his  official  bond  as  such  shall  not  be 
liable.     (Chap.  354,  sec.  2,  1907.) 


ACTIONS.  41 

CHAPTER   VI. 
ACTIONS. 

84.  Actions  by  districts — Any  school  board  may  prosecute  actions  in  the 
name  of  the  district  in  the  following  cases: 

1.  On  a  contract  made  with  the  district,  or  with  the  board  in  its 
official  capacity; 

2.  To  enforce  a  liability,  or  a  duty  enjoined  by  law,  in  its  favor  or  in 
favor  of  the  district; 

3.  To  recover  a  penalty  or  forfeiture  given  by  law  to  it  or  to  the  dis- 
trict; or 

4.  To  recover  damages  for  an  injury  to  the  rights  or  property  of  the 
district.  (1457) 

When  a  trustee  renders  himself  liable  to  a  penalty,  though  the  cause  of  action 
for  the  penalty  is  in  the  district,  the  action  may  be  brought  by  a  director  or  a 
freeholder  in  his  own  name.- — 31  M.   227. 

85.  Actions  against  districts — An  action  may  be  brought  against  any 
school  district,  either  upon  a  contract  made  with  the  district  or  its  board,  in 
its  official  capacity,  and  within  the  scope  of  its  authority,  or  for  an  injury  to 
the  rights  of  the  plaintiff  arising  from  some  act  or  omission  of  such  board, 
whether  the  members  of  the  board  making  the  contract,  or  guilty  of  the 
act  or  omission  complained  of,  be  still  in  office  or  not.     (1458) 

Where  a  district  has  changed  its  name,  an  action  against  it  should  be  brought 
by  its  new  name.— 7  M.   203   (Gil.  145). 

A  judgment  entered  against  a  school  district  by  collusion  between  the  plain- 
tiff and  one  of  the  trustees,  may  be  set  aside,  on  a  proper  application,  and  a  de- 
fense on  the  merits  interposed. — 45  M.   8S. 

Where  the  trustees  knowingly  neglected  to  defend  in  an  action  against  the 
district,  allowing  judgment  to  go  by  default,  the  court  may,  in  its  discretion,  open 
such  judgment,  upon  application  made  immediately  after  change  of  trustees. — 89 
M-   477. 

A  complaint  on  an  order  of  a  district  which  failed  to  allege  the  consideration 
for  the  order,  or  that  there  were  funds  applicable  to  its  payment,  held  good  as 
against  objections  raised  for  the  first  time  at  the  trial. — 91  M.  41. 

86.  Action  when  trustees  resign,  etc. — In  case  the  trustees  of  any 
school  district  which  has  contracted  an  indebtedness  shall  remove  or  re- 
sign, and  none  are  elected  or  appointed  in  their  stead,  an  action  to  recover 
such  indebtedness  may  be  begun  by  service  of  the  summons  upon  the  county 
auditor,  and  any  taxpayer  of  the  district  may  defend  such  action  in  its 
behalf,  or  the  auditor  may  be  required  by  the  voters  of  the  district  to  defend 
the  same  upon  being  indemnified  against  the  costs  and  expenses  of  such 
defense.  (1462) 


CHAPTER  VII. 
JUDGMENTS. 


87.  Judgment  paid  by  treasurer — Except  as  hereinafter  provided,  no 
execution  shall  issue  upon  any  judgment  against  a  school  district  for  the  re- 
covery of  money.  Unless  the  same  be  stayed  by  appeal,  the  treasurer  shall 
pay  such  judgment  upon  presentation  of  a  certified  copy  thereof,  if  he  has 


42  JUDGMENT. 

sufficient  money  of  the  district  not  otherwise  appropriated.  If  he  fails  to 
do  so,  he  s.hall  be  personally  liable  for  the  amount,  unless  the  collection 
be  afterward  stayed.     (1459) 

A  judgment  against  a  district  can  be  paid  only  out  of  money  not  otherwise 
appropriated.— 43  M.  495. 

The  treasurer  of  the  district  can  pay  a  judgment  against  the  trustees  only 
out  of  money  not  otherwise  appropriated.  He  has  no  authority  to  pay  jt  out  of 
moneys  applicable  only  to  other  specific  purposes. — 43  M.  495. 

88.  Failure  to  pay — Tax  levy — If  such  judgment  is  not  satisfied,  or  stayed 
by  appeal  or  otherwise,  before  the  next  annual  meeting  of  the  district,  a 
certified  copy  thereof  may  be  presented  at  its  annual  meeting,  whereupon 
the  district  shall  cause  the  amount  of  the  judgment,  with  interest,  to  be 
added  to  the  tax  of  said  district.  If  such  tax  is  not  levied  and  certified  to 
the  county  auditor  on  or  before  October  1  next  after  presentation  as  afore- 
said, a  certified  copy  thereof  may  be  filed  with  such  auditor  at  any  time  be- 
fore he  has  extended  the  tax  of  such  district,  with  an  affidavit  showing  the 
amount  remaining  unpaid  thereon,  and  the  fact  of  such  presentation  to  the 
district.  Thereupon  the  auditor  shall  at  once  levy  and  extend  such  amount 
as  a  tax  upon  the  property  taxable  within  the  district.     (1460) 

83.  When  execution  may  issue — If  the  judgment  is  not  paid  within 
thirty  days  after  the  time  whe'n  the  proceeds  of  such  levy  become  payable 
by  the  county  treasurer  of  the  district,  execution  may  be  issued  thereon, 
to  which  any  property  belonging  to  the  district  shall  be  liable.  (1461) 

90.  Judgment,  how  satisfied — If  judgment  is  recovered  in  any  such 
action,  the  auditor,  upon  a  certified  copy  thereof  being  filed  with  him,  shall 
levy  and  extend  upon  and  against  the  property  taxable  within  the  district 
an  amount  sufficient  to  pay  the  same,  with  interest.  When  such  tax,  or  any 
part  thereof,  is  collected,  the  county  treasurer  shall  pay  the  same  to  the 
holder  of  the  judgment  until  it  is  satisfied  in  full.  And  for  this  purpose 
the  treasurer  may  use  any  money  coming  into  his  hands  from  taxes  levied 
prior  to  the  judgment  for  the  payment  of  the  same  indebtedness.     (1463) 


CHAPTER  VIM. 
PENALTIES. 


91.  Excluding  or  expelling  pupils — Any  member  of  any  public  school 
board  or  board  of  education  of  any  district,  who  without  sufficient  cause,  or 
on  account  of  race,  color,  nationality,  or  social  position  shall  vote  for,  or,  be- 
ing present,  shall  fail  to  vote  against,  the  exclusion,  expulsion,  or  suspension 
from  school  privileges  of  any  person  entitled  to  admission  to  the  schools  of 
such  district,  shall  forfeit  to  the  party  aggrieved  fifty  dollars  for  each 
offense,  to  be  recovered  in  a  civil  action.     (1402) 

A  school  board  has  no  authority  to  exclude  a  child  of  school  age  from  school 
during  any  portion  of  the  school  year,  and  such  child  is  entitled  to  admission  when- 
ever the  minimum  age  is  reached,  whether  the  same  be  at  the  beginning  or  during 
any  part  of  the  ensuing  term  or  year. — Simpson,  March  4,  1909. 

The  fact  that  parents  pay  no  taxes  in  no  way  affects  the  right  of  their  chil- 
dren  to  attend  school,   nor  is  such  right  affected  by  the   manner  of  living  of  such 


PENALTIES.  43 

parents,  and  while  it  is  not  incumbent  upon  local  school  districts  to  educate  chil- 
dren of  Indian  parents  who  are  wards  of  the  government,  and  have  not  severed 
their  tribal  relations,  yet  an  Indian  who  has  become  a  citizen  of  the  state,  and  is 
a  voter,  occupies  a  different  position,  and  the  children  of  such  person  would  be 
entitled  to  attend  school. — Simpson,  Sept.  8,  1909. 

92.  Penalty  for  failure  to  pay  teachers'  wages — Any  treasurer  who  uses 
money  applicable  for  teachers'  wages  for  any  other  purpose  shall  be  person- 
ally liable  to  any  teacher  who  becomes  entitled  to  any  part  of  such  fund  for 
such  amount  to  be  recovered  in  a  civil  action  against  such  treasurer  and  the 
sureties  on  his  official  bond.     (1329) 

93.  Improper  classification — No  district  shall  classify  its  pupils  with 
reference  to  race,  color,  social  position,  or  nationality,  nor  separate  its  pupils 
into  different  school  or  departments  upon  any  of  such  grounds.  Any  districc 
so  classifying  or  separating  any  of  its  pupils,  or  denying  school  privileges 
to  any  of  its  pupils 'upon  any  such  ground,  shall  forfeit  its  share  in  all  ap- 
portioned school  funds  for  any  apportionment  period  in  which  such  classifica- 
tion, separation,  or  exclusion  shall  occur  or  continue.  The  state  superin- 
tendent, upon  notice  to  the  offending  district,  and  upon  proof  of  the  violation 
of  the  provisions  of  this  section,  shall  withhold  in  the  semi-annual  appor- 
tionment the  share  of  such  district,  and  the  county  auditor  shall  thereupon 
exclude  such  district  from  his  apportionment  for  such  period.     (1403) 

94.  Refusing  to  serve  on  school  board — Any  person  accepting  an  elec- 
tion or  appointment  upon  any  school  board,  and  refusing  or  neglecting  to 
qualify  or  to  serve,  or  to  perform  any  of  the  duties  of  such  office,  shall 
forfeit  for  each  offense  the  sum  to  ten  dollars,  to  be  collected  in  an  actiovi 
before  a  justice  of  the  peace,  to  be  prosecuted  in  the  name  of  the  district 
by  its  director  or  other  proper  officer,  or  by  any  freeholder  thereof.     (1404) 

Where,  at  a  regular  school  district  meeting,  it  is  voted  to  have  a  school  kept 
for  a  specified  time  and  sufficient  funds  are  provided,  the  trustees  render  them- 
selves liable  to  the  penalty  imposed  by  this  section,  as  amended  by  Laws  1879,  c. 
41,  by  neglecting,  without  excuse,  to  provide  the  school  the  specified  time. — Soule 
vs.    Thelander,   31   Minn.    227,    17   N.    W.   Rep.    373. 

95.  Failure  of  clerk  to  report — Any  clerk  of  a  school  district  who  fails 
to  make  any  report  required  of  him  by  law  shall  forfeit  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  the  use  of  the  district.     (1405) 

96.  Drawing  illegal  order — Any  school  district  clerk  who  shall  il- 
legally draw  an  order  upon  the  treasurer,  any  chairman  or  other  officer  who 
shall  attest  such  order,  and  any  school  district  treasurer  who  shall  know- 
ingly pay  the  same,  shall  each  forfeit  to  the  district  twice  the  amount  of 
such  order  to  be  collected  in  an  action  brought  in  the  name  of  the  district 
by  any  freeholder  thereof.     (1406) 

The  issuance  of  an  order  b,y  a  school  clerk  for  the  payment  of  the  wages  of  a 
teacher  known  to  him  not  to  have  been  licensed  to  teach,  subjects  him  to  a 
penalty.— 31  M.  333. 

Under  this  section  the  issuance  of  an  order  by  a  school  district  clerk,  drawn 
by  him  upon  the  treasurer  for  the  payment  of  the  wages  of  a  teacher  known  to 
him  not  to  have  been  licensed  to  teach,  and  paid  out  of  the  funds  appropriated 
for  teachers'  wages,  is  an  unlawful  diversion  of  public  school  funds  from  their 
legitimate  channel,  and  subjects  him  to  the  penalty  prescribed. — School  District 
No.   10  vs.   Thelander,   31  Minn.   333,   17  N.  W.    Rep.   866. 

97.  Neglecting  to  keep  or  deliver  records — Any  school  district  clerk 
who  shall  neglect  to  keep  the  books  and  records  of  his  office  in  the  manner 
prescribed  by  law,  or  shall  wilfully  refuse  to  deliver  such  books  and  records 


44  PENALTIES. 

to  his  successor  in  office,  shall  forfeit  to  the  use  of  the  district  the  sum  of 
ten  dollars  for  each  offense.     (1407) 

98.  Dealing  in  school  supplies. — No  teacher,  nor  any  state,  county,  town, 
city,  or  district  school  officer,  shall  be  interested  directly  or  indirectly  in  the 
sale,  proceeds,  or  profits  of  any  book,  apparatus,  or  furniture  used  or  to  be 
used  in  any  school  with  which  he  is  connected.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  forfeit  not  less  than  fifty  dollars  nor 
more  than  two  hundred  dollars  for  each  such  offense.  But  this  section 
shall  not  apply  to  a  teacher  who  may  have  an  interest  in  the  sale  of  any 
book  of  which  he  himself  is  the  author.     (1410) 

It  is  not  within  the  reason  of  the  statute  to  prohibit  a  person  who  chances 
to  be  an  officer  or  teacher  in  a  given  county  or  school  district  from  engaging  in 
the  sale  of  such  books  or  apparatus  elsewhere  than  in  his  county  or  district.  In- 
deed, it  is  obvious  that  the  prohibition  in  terms  does  not  reach  sales  made  else- 
where.—Childs,   April  27,  1896. 

99.  Failure  of  auditor  to  report — Any  county  auditor  who  shall  fail  to 
make  to  the  state  superintendent  of  public  instruction  any  report  of  appor- 
tionment required  by  law  shall  forfeit  for  the  benefit  of  the  school  fund 
of  the  county  the  sum  of  fifty  dollars.     (1408) 

100.  Failure  of  county  superintendent  to  report — Any  county  superin- 
tendent who  shall  fail  to  report  to  the  county  auditor  the  abstract  of  district 
clerks'  and  teachers'  reports  required  by  law,  or  to  make  his  statistical  re- 
port to  the  state  superintendent,  shall  forfeit  to  the  school  fund  of  the 
county  for  each  such  omission  fifty  dollars,  to  be  deducted  from  his  salary 
by  the  county  board.     (1409) 

101.  Duty  of  officers  to  report  violations  of  law — Every  officer  to  whom 
reports  are  required  by  this  chapter  [compulsory  education  law]  to  be  made, 
and  for  the  failure  to  make  which  a  penalty  of  fine  or  forfeiture  is  provided, 
shall  give  immediate  written  notice  of  such  failure  to  the  delinquent  and  to 
the  proper  county  attorney.  Such  county  attorney  shall  thereupon  in- 
stitute proper  proceedings  to  collect  such  penalty,  fine,  or  forfeiture.  Upoa 
complaint  of  the  county  superintendent,  or  whenever  it  comes  to  his  knowl- 
edge that  any  school  officer  has  violated  any  provision  of  this  chapter,  for 
which  violation  a  penalty,  fine,  or  forfeiture  is  provided,  such  attorney  shall 
institute  like  proceedings.     (1411) 

School  officers  against  whom  charges  have  been  made  of  illegal  acts,  can 
hold  respective  offices  until  removed  by  competent  authority. — Simpson,  March 
18,  1909. 

Where,  at  the  annual  school  meeting,  it  was  determined  that  there  should  he  six 
months'  school,  a  three  months'  term  beginning  the  first  Monday  in  October,  and 
another  three  months'  term  beginning  the  first  Monday  in  February,  but  a 
majority  of  the  school  board,  disregarding  the  action  of  the  annual  .meeting-,  de- 
cided to  commence  the  second  term  on  the  second  Monday  in  January,  instead 
of  February,  the  two  members  of  the  board  voting  for  and  causing  such  change 
would  not  be  subject  to  a  fine  covering  the  extra  cost,  if  any,  of  the  January  school 
expenses. — Simpson,   March  19,   1909. 

102.  Use  of  tobacco  by  minors  and  pupils — Every  person  under  the  age 
of  eighteen  years,  and  every  minor  pupil  in  any  school,  college,  or  university, 
who  shall  smoke  or  use  cigarettes,  cigars  or  tobacco  in  any  form  on  any 
public  road,  street,  alley,  park  or  other  lands  used  for  public  purposes,  or 
in  any  public  place  of  business,  shall  be  guilty  of  a  misdemeanor,  and  pun- 
ished for  each  offense  by  a  fine  of  not  more  than  ten  dollars,  or  by  imprison- 


FUNDS    AND     APPORTIONMENTS.  45 

ment  in  the  county  jail  for  not  more  than  five  days;  and  every  person  who 
shall  furnish  any  cigarettes,  cigars,  or  tobacco  in  any  form  to  any  such 
minor  person,  or  who  shall  permit  any  such  minor  person  to  frequent  any 
premises  owned,  held,  or  managed  by  him,  for  the  purposes  of  indulging  in 
the  use  of  cigarettes,  cigars,  or  tobacco  in  any  form,  shall  be  guilty  of  a 
misdemeanor,  and  punished  by  a  fine  of  not  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days,  for  each  offense. 
(4938) 

103.  Injury  to  house  of  worship,  school  buildings  and  school  property — 
Every  person  who  shall  wilfully  and  without  authority,  break,  deface,  or 
otherwise  injure  any  house  of  religious  worship,  or  any  part  thereof,  or  any 
appurtenance  thereto,  any  ornament,  musical  instrument,  articles  of  silver 
or  plated  ware,  or  other  chattels  kept  therein,  for  use  in  connection  with  re- 
ligious worship,  or  who  shall  wilfully  break,  deface,  or  otherwise  injure  any 
school  house  or  appurtenance,  or  other  public  building,  or  who  shall  wilfully 
break,  deface,  or  injure  any  globe,  map  or  chart,  or  any  other  article  kept  and 
used  in  connection  with  such  school  house  or  other  public  building,  shall  be 
guilty  of  a  gross  misdemeanor,  and  punished  as  follows: 

1.  If  the  value  of  the  property  broken,  defaced,  or  injured  is  thereby 
diminished  by  an  amount  less  than  one  hundred  dollars,  by  imprisonment 
for  not  more  than  ninety  days,  or  by  a  fine  of  not  more  than  one  hundred 
dollars,  or  by  both. 

2.  If  the  value  of  such  property  shall  be  diminished  more  than  one  hun- 
dred dollars,  by  imprisonment  for  not  less  than  six  months  nor  more  than 
two  years. 

In  addition  to  the  punishment  herein  prescribed,  he  shall  be  liable  in 
treble  damages  for  the  injury  done,  to  be  recovered  in  a  civil  action  by  the 
owner  of  the  property,  or  by  the  public  officer  having  charge  thereof.     (5139) 


CHAPTER  IX. 
FUNDS  AND  APPORTIONMENTS. 

104.  State  apportionment  of  school  funds — The  state  superintendent 
shall  apportion  the  available  current  school  fund  among  the  counties  on 
the  first  Monday  of  March  and  of  October  in  each  year,  in  proportion  to  the 
number  of  scholars  of  school  age  entitled  to  apportionment  therein.  No 
scholar  shall  be  counted  more  than  once  in  any  county,  which  shall  be  in 
the  district  in  which  his  parents  or  guardians  reside,  if  such  scholar  has 
attended  school  and  is  entitled  to  apportionment  therein.  But  no  district 
shall  be  entitled  to  any  portion  of  said  fund  that  has  not  had  at  least  five 
months  of  school  term  within  the  year,  conducted  pursuant  to  the  provisions 
of  this  chapter,  nor  shall  any  district  be  entitled  to  any  part  of  said  fund 
for  any  pupil  who  has  not  attended  school  at  least  forty  days  within  such 
year.     (1397) 


46  FUNDS     AND     APPORTIONMENTS. 

A  district  to  be  entitled  to  apportionment  must  not  only  have  had  a  school 
taught  the  required  time  during-  the  school  year,  which  ends  July  31st,  but  must 
also  have  made,  through  its  teachers,  the  requisite  term  reports  to  the  county 
superintendent,  who,  in  turn,  must  have  reported  it  to  the  state  superintendent 
of   public   instruction   on   or  before   September   20th. 

"Can  the  enrollment  of  evening-  schools,  conducted  by  the  regular  corps  of 
teachers,  be  reported  for  apportionment?"  They  can.  There  is  nothing  in  the  law 
requiring  the   apportionment   to   be   made   to   day   scholars   only. — Hahn,    p.    491. 

A  ten  months'  term  of  one-half  day  sessions  is  not  in  compliance  with  the 
statute  requiring  a  five  months'  term  of  full  session,  as  a  condition  precedent  to 
the  right  to  receive  a  share  of  the  current  school  fund. — Douglas,  April  25,   1899. 

105.  State  auditor  to  draw  warrant — Standing  appropriation — Upon  re- 
ceiving a  copy  of  such,  apportionment,  the  state  auditor  shall  draw  his  war- 
rant on  the  state  treasury,  payable  to  the  state  treasurer,  for  the  amount 
due  each  county.  The  state  treasurer  shall  apply  such  amount  in  his  semi- 
annual settlement  with  each  county  named  in  the  apportionment,  and,  if  the 
amount  due  any  county  shall  exceed  the  amount  due  from  such  county  for 
state  taxes,  shall  forthwith  transmit  to  the  county  treasurer  the  amount  of 
such  excess.  There  is  hereby  annually  appropriated  from  the  current  school 
fund  the  amount  of  such  apportionments.     (1398) 

106.  County  apportionment — The  county  auditor  on  the  last  Monday  in 
March  and  October  of  each  year  shall  apportion  among  the  districts  entitled 
thereto  the  amount  apportioned  from  the  current  school  fund  and  the 
amount  received  from  liquor  licenses,  fines,  estrays,  and  other  sources,  be- 
longing to  the  general  school  fund,  upon  the  same  basis  provided  for  the 
state  apportionment,  and  such  money  shall  be  used  only  for  the  payment 
of  teachers'  wages;  but  no  district  shall  receive  any  part  of  the  money  re- 
ceived from  liquor  licenses  unless  all  sums  paid  for  such  licenses  in  such 
district  are  apportioned  to  the  county  school  fund,  and  no  district  shall 
receive  in  any  year  from  the  apportioned  fund  a  greater  amount  than  that 
appropriated  by  such  district  from  its  special  and  local  one-mill  tax  for  that 
year,  unless  such  district  has  levied  for  such  year  the  maximum  amount 
allowed  by  law  for  school  purposes.     (1399) 

Anv  delav  which  does  not  affect  the  apportionment  may  be  disregarded,  but 
the  absence  of  reports  justifies  the  auditor  in  leaving  districts  out  of  the  ap- 
portionment whose  reports  are  not   in. — Cole,   p.   111. 

If  it  appeared  that  the  district  had  made  ample  provision  for  a  school  as 
required  bv  law,  they  would  be  entitled  to  their  apportionment  if  their  failure  to 
maintain  the  school  was  due  to  no  fault  of  theirs,  as  the  prevalence  of  diptheria.— 
Clapp,    .Tulv  9.    188S. 

Moneys  withheld  from  districts  pursuant  to  the  last  proviso  in  this  section 
mav  be  distributed  among  such  districts  upon  a  proper  basis,  as  have  complied 
with  the  requirements  of  the  law  in  such  respects. — Childs,   Nov.   26,   1S95. 

107.  Apportionment  to  schools  in  new  districts — Any  district  which  for 
the  first  year  after  its  organization  has  made  provision  for  a  four-months 
school  by  the  levy  of  a  sufficient  tax,  and  has  maintained  a  legal  school  for 
one  month,  shall  receive  its  share  in  the  first  succeeding  apportionment, 
in  proportion  to  its  actual  enrollment.  Such  enrollment  shall  be  reported 
as  in  other  cases,  and  the  number  of  pupils  so  returned  shall  be  included  by 
the  state  superintendent  and  the  county  auditor  in  their  apportionment. 
(1400) 

108.  Report  of  county  apportionment,  etc.— The  county  auditor,  on  the 
first  Wednesday  after  such  apportionment,  shall  report  to  the  state  super- 
intendent the  amount  apportioned  to  each  district,  the  sources  from  which 
such  money  was  received,  the  aggregate  number  of  pupils  in  the  county, 


TAXES.  47 

and  the  number  of  districts  sharing  in  the  apportionment.  He  shall  also, 
immediately  after  the  qualification  of  the  county  superintendent,  report  to 
the  state  superintendent  his  name  and  postoffice  address.     (1401) 

109.  Funds  from  fines  and  penalties — School  funds  are  also  derived  from 
liquor  licenses  and  from  fines  and  penalties  under  the  provisions  of  the  fol- 
lowing sections  of  the  Revised  Laws  of  1905,  to-wit:  1539  as  amended  by 
Chap.  433,  1907;  1554,  1555,  1643,  2033,  2308,  2319,  2326,  2372,  2553,  2732,  2731, 
2774,  2938  and  5129. 


CHAPTER  X. 

TAXES. 


110.  State  school  tax — There  shall  be  levied  annually  upon  the  taxable 
property  of  the  state  a  tax  of  one  and  twenty-three  one-hundredths  mills  on 
the  dollar,  to  be  known  as  the  state  school  tax,  of  which  one  mill  on  the 
dollar  shall  be  added  to  the  general  school  fund,  which  shall  then  be  known 
as  the  current  school  fund,  and  the  remainder  of  such  tax  shall  be  added  to 
the  university  fund.     (1412) 

111.  County  school  tax— District  tax — The  county  auditor  shall  extend 
upon  the  tax  lists  of  the  county,  in  the  same  manner  as  district  school  taxes 
are  extended,  a  tax  of  one  mill  on  the  dollar  of  the  taxable  property  in  each 
district,  to  be  known  as  the  county  school  tax,  and  be  credited  to  the  school 
district  in  which  the  property  taxed  is  situated.  The  tax  levied  by  school 
districts  shall  be  known  as  the  district  school  tax.     (1413) 

112.  City,  village,  town,  and  school  district  taxes — The  taxes  voted  by 
cities,  villages,  towns,  and  school  districts  shall  be  certified  by  the  proper 
authorities  to  the  county  auditor,  on  or  before  October  10  in  each  year.     (869) 

113.  Contracts  in  excess  void — Liability  of  officers- — It  shall  be  unlawful 
for  the  authorities  of  any  county,  town,  city,  village,  or  school  district,  un- 
less expressly  authorized  by  law,  to  contract  any  debt  or  incur  any  pecuniary 
liability  for  the  payment  of  either  the  principal  or  the  interest  of  which 
during  the  current  or  any  subsequent  years  it  shall  be  necessary  to  levy 
a  rate  of  taxes  higher  than  the  maximum  prescribed  by  law.  Every  such 
contract  shall  be  null  and  void  in  regard  to  any  obligation  thereby  sought 
to  be  imposed  upon  such  corporation;  but  every  officer,  agent,  or  member 
thereof  who  participates  in  or  authorizes  the  making  of  such  contract  shall 
be  individually  liable  for  its  performance.  Every  such  officer  or  agent  who 
is  present  when  such  contract  is  made  or  authorized  shall  be  deemed  to 
participate  in  or  authorize  the  making  thereof,  as  the  case  may  be,  unless 
he  enter  or  cause  to  be  entered  his  dissent  therefrom  in  the  records  of  such 
corporation.      (874) 

114.  District  school  taxes — In  common  districts  the  school  tax  shall  not 
exceed  fifteen   mills  on  the   dollar  for  the   support  of  the  schools,   or  ten 


48  STATE  AID   TO   SCHOOLS. 

mills  for  the  purchase  of  school  sites  and  the  erection  and  equipment  of 
school  houses;  but  in  such  districts  in  which  such  ten-mill  tax  will  not  pro- 
duce six  hundred  dollars  a  greater  tax  may  be  levied  for  school  sites  and 
buildings,  not  to  exceed  twenty-five  mills  on  the  dollar  nor  six  hundred  dol- 
lars in  amount.  In  common  districts  having  less  than  ten  voters  the  dis- 
trict school  tax  shall  not  exceed  four  hundred  dollars.  In  independent  school 
districts  no  tax  in  excess  of  eight  mills  on  the  dollar  shall  be  levied  for  the 
purchase  of  school  sites  and  the  erection  of  school  houses.  In  special  dis- 
tricts such  amounts  may  be  levied  as  may  be  allowed  by  special  law  at  the 
time  when  the  Revised  Laws  take  effect.  (Sec.  1414,  Revised  Laws  1905,  as 
amended  by  c.  458,  1909.) 

County  officers  have  nothing-  to  do  with  levying-  school  taxes  for  independent 
districts,  except  to  extend  them  on  the  tax  lists  and  collect  them.  The  district 
determines  the  amount. — 71  M.  283. 

Levy  by  an   independent   district  in   separate  funds   authorized. — 75   M.    456. 

The  board  of  an  independent  district  has  power  to  levy  taxes  for  the  support 
of   the  schools   of  the  district  in   excess  of   the   15  mills   on   the   dollar. — 87   M.    234. 

Provisions  of  chap.  36.  Laws  1891.  which  take  away  from  the  school  board  of 
St.  Paul  the  right  to  determine  the  annual  expenditure,  and  vest  the  power  in  the 
city  council,  held  valid;  that  the  board  has  no  power  to  create  an  indebtedness 
against  the  city  until  the  annual  appropriation  is  made  by  the  council;  and  that 
all   persons,   including  teachers,   are  bound  by  its  provisions. — 75   M.   514. 

The  school  board,  and  not  the  electors,  of  an  independent  district  has  the 
power  to  levy  taxes  and  to  determine  the  length  of  school  to  be  held. — Young, 
June,   1906. 

The  limitation  of  15  mills  for  the  maintenance  of  schools  and  10  mills  for 
erection  of  school  house  includes  all  taxes  levied  for  school  purposes,  including  tax 
to  meet  interest  and  principal  of  bonds,  under  sec.  1414,  R.  L. — Dougles,  p.  137. 

115.  Tax  levy — In  all  districts  having  fifty  thousand  (50.000)  inhabi- 
tants or  more  there  may  be  levied,  independently  of  and  in  addition  to  other 
sums  for  school  purposes  authorized  by  law  an  amount  not  to  exceed  4  mills 
on  the  dollar,  for  the  purchase  of  school  sites  and  the  erection,  repair,  fur- 
nishing, and  fitting  of  school  buildings,  payment  of  teachers'  salaries  and 
the  general  maintenance  of  the  schools,  which  amount,  to  the  extent  of 
three  and  one-half  mills  only,  may  be  appropriated  to  general  maintenance, 
and  the  remainder  to  one  or  more  of  such  other  uses;  provided,  that  the 
total  levy  in  any  such  district  for  the  maintenance  of  the  schools  shall  not 
exceed  eight  mills  on  the  dollar.     (1414  as  amended  by  chap.  308,  1907.) 

116.  Taxes  to  be  certified — The  taxes  voted  by  school  districts  shall  be 
certified  by  the  proper  authorities  to  the  county  auditor  on  or  before  October 
10  in  each  year.     (869) 


CHAPTER   XI. 

STATE  AID  TO  SCHOOLS. 

117.  Standing  appropriation  for  schools — There  is  hereby  appropriated 
annually  out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated 
the  following  sums: 

1.  For  aid  to  high  schools,  two  hundred  and  seventeen  thousand  dollar.-:. 

2.  For  aid  to  graded  schools,  seventy-nine  thousand  dollars. 

3.  For  aid  to  semi-graded  schools,  sixty-seven  thousand  dollars. 


STATE  AID   TO   SCHOOLS.  49 

4.  For  aid  to  common  schools,  one  hundred  thousand  dollars. 

5.  For  necessary  expenses  of  high  school  board,  and  salaries  and  ex- 
penses of  high  and  graded  school  inspectors  and  examiners,  ninety-five  hun- 
dred dollars,  to  be  drawn  from  the  appropriation  for  high  and  graded  schools 
in  proportion  to  the  amounts  respectively  apportioned  to  each. 

Such  sums,  or  such  part  of  said  sums  as  may  be  necessary,  together 
with  any  further  sums  appropriated  for  such  aid,  shall  be  available  August  1 
of  each  year.     (1416) 

118.  Limit  of  high  schools  aided — Not  more  than  nine  high  schools  ia 
the  same  county  shall  be  included  in  any  apportionment,  and  any  high 
school  so  included  shall  receive  aid  for  at  least  two  years,  if  it  continues 
to  comply  with  the  requirements  of  law  and  to  do  efficient  work.  In  case 
any  high  school  in  a  county  already  having  nine  aided  high  schools  shall 
apply  for  aid,  the  board  may  admit  such  school  to  apportionment  in  place 
of  the  first  school  that  has  received  such  aid  for  two  years.     (1418) 

119.  Payment  of  apportioned  fund — The  high  school  board  shall  certify 
to  the  state  auditor  the  schools  to  which  it  has  apportioned  the  appropria- 
tion, and  the  amount  apportioned  to  each.  The  auditor  shall  draw  his  war- 
rant on  the  state  treasurer  for  the  amount  due  on  account  of  each  school, 
and  transmit  the  same  to  the  proper  school  board.     (1419) 

120.  Aid  to  certain  high  schools  for  teachers'  training — In  addition  to 
the  amount  hereinbefore  provided,  seven  hundred  and  fifty  dollars  a  year  is 
hereby  appropriated  out  of  the  general  revenue  fund  to  each  high  school 
having  a  four-year  course,  and  organized  classes  in  each  of  the  four  grades 
therein,  which  shall  provide  special  normal  instruction  in  the  common 
branches.  The  schools  entitled  to  such  aid  shall  be  determined  annually 
by  the  high  school  board,  and  the  money  paid  in  the  same  manner  as  pro- 
vided in  case  of  other  high  schools.  (1420) 

121.  Apportionment — The  board  shall  apportion  the  amount  appropriat- 
ed for  such  schools  equally  among  the  high  schools  and  the  graded  schools 
entitled  thereto,  but  no  high  school  shall  receive  more  than  seventeen  hun- 
dred and  fifty  dollars  per  year,  nor  any  graded  school  more  than  six  hundred 
dollars  per  year;  nor  shall  the  amount  so  paid  any  high  school  exceed  its 
actual  expenditure  for  such  work,  exclusive  of  building  and  repairs,  nor  shall 
any  graded  school  connected  with,  or  in  the  same  district  with,  an  aided  high 
school,  share  in  such  apportionment.  (Sec.  1417,  R.  L.  1905,  as  amended  by 
c.  334,  G.  L.  1909.) 

122.  What  common  schools  may  receive  aid — For  the  purpose  of  fixing 
state  aid  for  common  schools,  said  schools  are  hereby  classified  as  follows: 
Districts  employing  a  teacher  holding  at  least  a  first  grade  certificate  and 
maintaining  school  for  not  less  than  eight  months  in  the  school  year,  shall 
be  known  as  Class  A;  districts  employing  a  teacher  holding  at  least  a 
second  grade  certificate  and  maintaining  school  for  not  less  than  eight 
months  in  the  school  year  shall  be  known  as  Class  B;  districts  employing  a 
teacher  holding  at  least  a  second  grade  certificate  and  maintaining  school 
for  not  less  than  seven  months  in  the  school  year  shall  be  known  as  Class  C. 

Districts  coming  under  any  one  of  these  classes  which  have  maintained 


50  STATE  AID   TO  SCHOOLS. 

a  school  the  required  number  of  months  in  the  preceding  school  year,  which 
have  suitable  buildings,  library  and  other  apparatus  and  conveniences,  and 
comply  with  such  rules  as  may  be  fixed  by  the  superintendent  of  public  in- 
struction for  maintaining  an  efficient  school,  may  receive  state  aid  for  eacb 
such  year  in  said  district;  provided  that  the  aggregate  attendance  in  days 
by  children  in  either  class  of  rural  schools  shall  not  be  made  a  rule  for 
granting  such  aid.  (Sec.  1421,  R.  L.  1905,  as  amended  by  c.  334,  G.  L.  1909, 
as  amended  by  c.  60,  1911.) 

123.  Apportionment  to  be  made  by  state  superintendent — The  state 
superintendent  shall  annually  apportion  to  such  semi-graded  and  common 
schools  as  he  shall  find  entitled  to  state  aid  the  amount  appropriated  for 
such  schools,  in  equal  amounts  to  all  schools  of  the  same  class,  but  no 
semi-graded  school  shall  receive  more  than  three  hundred  dollars  ($300  > 
nor  any  common  school  under  Class  A  more  than  one  hundred  and  fifty  dol- 
lars ($150),  nor  any  common  school  under  Class  B  more  than  one  hundred 
dollars  ($100),  nor  any  common  school  under  Class  C  more  than  seventy- 
five  dollars  ($75)  in  any  apportionment.  The  state  superintendent  shall 
certify  to  the  state  auditor  a  list  of  districts  of  each  class  to  which  such  aid 
is  apportioned,  and  the  amount  apportioned  to  each.  Such  amount  shall 
be  paid  in  the  same  manner  as  state  aid  to  high  schools.  (Sec.  1423,  R.  L. 
1905,  as  amended  by  c.  334,  G.  L.  1909,  as  amended  by  c.  60,  1911.) 

The  provisions  of  chap.  148,  Laws  1901,  do  not  operate  as  conditions,  additional 
to  those  prescribed  by  chap.  352  of  the  Laws  of  1899  for  receiving  state  aid. — 
Douglas,  p.  135. 

Districts  not  located  in  cities  are  entitled  as  such  to  receive  state  aid  for  their 
high  schools,  graded  schools  and  semi-graded  schools;  but  not  for  their  rural 
schools. — Toung,  January,  1906. 

A  common  school  district,  not  located  in  any  incorporated  city  or  village,  which 
has  a  high  school,  graded  school,  semi-graded  school  and  rural  school,  is  entitled 
to  receive  state  aid  for  the  benefit  of  its  high  school  and  each  of  its  graded  or 
semi-graded  schools,  but  not  on  account  of  its  rural  schools,  under  chap.  352, 
Laws  1899,  now  sec.   1416-1422,  R.  L.— Young,  p.   187. 

124.  Payment  of  appropriations — The  appropriations  made  by  law  i;i 
aid  of  high  schools,  graded  schools,  semi-graded  schools  and  rural  or  com- 
mon'schools  shall  be  paid  in  the  following  manner:  On  or  before  the  first 
(1st)  day  of  October  in  each  year,  it  shall  be  the  duty  of  the  state  superin- 
tendent of  public  instruction  to  deliver  to  the  state  auditor  a  certificate  in 
duplicate  for  each  class  of  schools  in  each  county  of  the  state  entitled  to 
receive  the  state  aid  expressly  appropriated  by  law  for  such  purposes. 
Upon  the  receipt  of  such  certificate,  it  shall  be  the  duty  of  the  state  auditor 
to  draw  his  warrant  upon  the  state  treasurer  in  favor  of  the  county  treasurar 
for  the  amount  shown  by  each  certificate  to  be  due  to  the  several  schools 
therein  enumerated. 

The  state  auditor  shall  transmit  such  warrant  or  warrants  to  the  county 
auditor,  together  with  a  copy  of  the  certificate  prepared  by  the  superintend- 
ent of  public  instruction.     (C.  142,  G.  L.  1905.) 

125.  Five  hundred  dollars  additional  grant  to  certain  graded  schools — 
The  high  school  board  is  authorized  and  directed  to  make  an  additional 
grant  of  not  to  exceed  five  hundred  dollars  ($500)  to  such  graded  schools  as, 
in  addition  to  meeting  all  the  requirements  of  a  state  graded  school,  shall 
maintain  a  course  or  courses  equivalent  to  two  years  of  high  school  work, 
and  shall  meet  the  requirements  of  the  state  high  school  board  as  to  en- 


STATE  AID   TO   SCHOOLS.  51 

rollment,  valuation  and  population,  and  such  additional  requirements  as  the 
board  may  determine.  Such  aid  shall  be  paid  from  the  appropriations  for 
high  schools  and  graded  schools  in  as  nearly  proportionate  amounts  as  may 
be.     (Sec.  1,  c.  444,  1909.) 

126.  High  or  graded  schools  to  receive  $1,000  additional  for  maintaining 
certain  courses — Any  high  school  or  graded  school  which  shall  maintain 
such  a  course  as  the  high  school  board  of  this  state  shall  prescribe  in  agri- 
culture and  either  in  home  economics  or  in  manual  training  shall  receive 
annually,  in  addition  to  other  aid,  the  sum  of  one  thousand  dollars  ($1,000) 
for  maintaining  such  industrial  courses,  to  be  paid  from  the  appropriations 
made  for  state  aid  to  high  and  graded  schools.     (Sec.  1,  c.  91,  1911.) 

127.  Not  applicable  in  certain  cases — This  aid  shall  not  be  paid  to  any 
school  receiving  aid  under  any  other  act,  for  the  maintenance  of  industrial 
courses.    (Sec.  2,  c.  91,  1911.) 

128.  Designation  of  agricultural  and  industrial  departments — Any  high 
school,  graded  school  or  consolidated  rural  school  having  satisfactory  rooms 
and  equipment,  and  having  shown  itself  fitted  by  location  and  otherwise  to 
give  training  in  agriculture,  may,  upon  application  to  the  state  high  school 
board  of  this  state,  be  designated  to  maintain  an  agricultural  and  industrial 
department  to  consist  of  courses  in  agriculture,  manual  training  and  home 
economics.    (Sec.  1,  c.  247,  G.  L.  1909,  as  amended  by  sec.  1,  c.  82,  1911.) 

129.  Employment  of  trained  instructors — Each  of  such  schools  shall 
employ  trained  instructors  whose  qualifications  may  be  fixed  by  said  high 
school  board,  in  agriculture,  manual  training  and  home  economics,  including 
cooking  and  sewing.  Each  school  shall  have  connected  with  it  a  tract  of 
land  suitable  for  school  garden  and  for  purposes  of  experiment  and  demon- 
stration, containing  not  less  than  five  acres,  and  located  within  the  school 
district  or  within  two  miles  of  the  central  buildings  of  the  school  district. 
(Sec.  2,  c.  247,  G.  L.  1909,  as  amended  by  sec.  2,  c.  82,  1911.) 

130.  Free  to  residents  of  district — Tuition  to  be  paid  by  non-residents — 
Character  of  instruction — Instruction  in  such  agriculural  and  industrial  de- 
partment shall  be  free  to  all  residents  of  the  district.  Said  state  high  or 
graded  schools  or  any  associated  school  organized  under  the  provisions  of 
this  act  may  charge  non-resident  pupils  attending  and  receiving  instruction 
in  such  department  tuition  to  be  fixed  by  the  board  of  any  such  district,  not 
exceeding  $2.50  per  month  for  each  such  pupil;  said  tuition  so  fixed  shall  be 
a  legal  charge  against  the  school  district  in  which  said  non-resident  pupil 
resides  and  shall  be  paid  by  such  school  district  out  of  the  funds  of  such  dis- 
trict upon  presentation  to  the  clerk  of  such  district  of  a  statement  signed  Dy 
the  clerk,  superintendent  or  principal  of  the  district  furnishing  such  instruc- 
tion, stating  the  grade  or  grades  in  which  any  such  non-resident  pupil  was 
enrolled,  the  number  of  months  enrolled,  name  of  such  pupil  and  amount  of 
tuition,  which  statement  shall  be  verified  by  such  clerk,  superintendent  or 
principal,  and  thereupon  an  order  shall  be  drawn  by  said  district  in  favor 
of  the  district  furnishing  such  instruction  for  the  amount  of  such  tuition-, 
provided  that  not  more  than  nine  months'  instruction  in  any  school  year  per 


52  STATE  AID   TO  SCHOOLS. 

pupil  shall  be  a  charge  against  any  such  district  on  account  of  such  non-resi- 
dent pupils. 

When  necessary  to  accommodate  a  reasonable  number  of  boys  and  girlj 
to  attend  only  in  the  winter  months,  special  classes  shall  be  formed  for 
them. 

The  instruction  in  such  agricultural  and  industrial  department  shall  be 
of  a  practical  character,  dealing  with  soils,  crops,  fertilizers,  drainage,  farm 
machinery,  farm  buildings,  breeds  of  live  stock,  live  stock  judging,  animal 
diseases  and  remedies,  production  of  milk  and  cream,  testing  of  same,  manu- 
facture of  butter  and  cheese,  horticulture,  gardening,  plants,  and  such  other 
questions  as  have  a  direct  relation  to  the  business  of  farming,  including 
bookkeeping  and  farm  accounts.  It  shall  also  include  systematic  courses  in 
manual  training,  and  in  home  economics,  as  these  are  usually  taught  in 
public  schools.     (Sec.  3,  c.  247,  G.  L.  1909,  as  amended  by  sec.  3,  c.  82,  1911  ) 

131.  State  aid  of  $2,500  per  year  and  $150  for  each  associated  rural 
school  district — Each  school  designated  to  maintain  an  agricultural  and  in- 
dustrial department  as  in  this  act  provided  for  shall  receive  state  aid  not 
exceeding  $2,500  per  year,  and  in  addition  thereto  $150  per  year  for  each 
associated  rural  school  district  that  may  be  associated  with  such  state  high, 
graded  or  consolidated  school,  under  the  provisions  of  this  act,  but  in  no 
case  shall  the  total  amount  received  by  any  such  school  exceed  two-thirds  of 
the  sum  actually  expended  upon  such  agricultural  and  industrial  department 
as  certified  to  the  state  high  school  board;  that  no  more  than  thirty  schools 
shall  be  aided  during  the  next  two  years.  The  special  aid  provided  for  un- 
der this  act  shall  be  in  lieu  of  all  other  aid  for  agricultural  and  industrial 
training  granted  by  the  state  to  the  schools  operating  under  the  provisions 
of  this  act. 

Any  rural  school  district  which  shall,  under  the  provisions  of  this  act, 
associate  with  a  state  high,  graded  or  consolidated  rural  school  for  the  pur- 
poses specified  in  this  act,  shall  receive  as  state  aid  fifty  dollars  per  year; 
such  state  aid  to  said  associated  rural  schools  shall  be  granted  only  upon 
recommendation  of  the  superintendent  of  the  central  school  with  which 
said  rural  school  is  associated  in  addition  to  the  recommendation  of  the 
county  superintendent,  as  required  by  law. 

All  schools  heretofore  designated  and  now  operating  under  the  provisions 
of  said  chapter  247,  General  Laws,  1909,  are  hereby  continued  under  the  pro- 
visions of  this  act.  (Sec.  4,  c.  247,  G.  L.  1909,  as  amended  by  sec.  4,  c.  82. 
1911.) 

132.  Appropriations — For  carrying  out  the  provisions  of  this  act,  there 
is  hereby  appropriated  out  of  the  general  revenue  funds  of  the  state  the  fol- 
lowing sums:  For  the  year  ending  June  30,  1911,  $105,000;  for  the  year 
ending  June  30,  1913,  the  sum  of  $105,000.  Provided  that  not  more  than  one 
school  in  any  county  shall  be  added  to  the  list  of  schools  receiving  aid  under 
this  act  in  any  two  years.  (Sec.  5,  c.  247,  G.  L.  1909,  as  amended  by  sec.  5, 
c.  82,  1911.) 

133.  Consolidation  of  certain  districts — For  the  purpose  of  providing 
training  and  instruction  in  such  agricultural  and  industrial  department  for 
pupils  in  rural  schools,  and  to  extend  the  supervision  and  influence  of  state 


STATE  AID   TO   SCHOOLS.  53 

high  or  graded  schools  to  rural  schools,  one  or  more  school  districts  main- 
taining rural  schools  may  become  associated  with  a  high  or  graded  school  in 
which  is  maintained  an  agricultural  and  industrial  department  as  herein 
provided,  whether  or  not  such  high  or  graded  school  has  been  designated  bv 
the  high  school  board  to  receive  aid  under  the  provisions  of  this  act.  In 
each  case  the  high  or  graded  school  shall  be  known  as  the  central  school. 
(iSec.  6,  c.  247,  G.  L.  1909,  as  amended  by  sec.  6,  c.  82,  1911.) 

134.  Procedure — To  effect  such  association,  proceedings  shall  be  had  by 
petition  and  election  on  the  part  of  the  rural  school  districts  as  provided 
by  law  for  the  consolidation  of  school  districts,  and  ballots  to  vote  upon  thi.s 

question  shall  read:     To  associate  with  District  No at' 

for  the  maintenance  of  an  agricultural  and  industrial  department.    Yes 

No    Those  voting   in  favor  of  association   shall  put  a  cross  mark 

after  the  word  "Yes,"  and  those  voting  against  association  shall  put  a  cross 
mark  after  the  word  "No." 

Each  district  casting  a  majority  vote  for  association  shall  become  asso- 
ciated with  the  central  school  upon  the  approval  of  such  association  by  the 
board  of  the  central  school,  and  it,  together  with  the  rural  schools,  shall  be 

known  as  the  Associated  Schools  of  District  No of  

(Sec.  7,  c.  247,  G.  L.  1909,  as  amended  by  sec.  7,  c.  82,  1911.) 

135.  Annual  meeting  of  school  boards — The  members  of  the  various 
school  boards  of  the  associated  rural  schools  shall  hold  an  annual  meeting 
at  the  central  school  building  on  the  first  Monday  in  August  of  each  year, 
to  act  as  a  board  of  review  and  to  receive  the  report  of  fhe  treasurer  of  the 
central  school  of  the  receipts  and  expenditures  under  this  act,  and  such  other 
reports  relating  to  the  work  in  such  agricultural  and  industrial  department 
of  such  associated  school,  including  the  number  of  pupils  enrolled  and  such 
other  matters  as  may  be  called  for.  The  members  of  such  school  boards 
acting  together  shall  determine  the  question  of  the  tax  levy  to  be  imposed 
on  such  associated  rural  districts  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  act  and  for  the  purpose  of  maintaining  the  agricultural  and 
industrial  department  in  the  central  school,  as  provided  for  in  this  act,  and 
of  securing  for  the  associated  schools  the  supervision  of  the  superintendent 
of  the  central  school.  Such  rural  school  boards  at  such  meeting  shall  elect 
a  chairman  and  clerk  thereof  and  a  record  of  such  meeting  shall  be  kept. 
Provided,  that  the  taxes  so  levied  shall  not  be  less  than  two  mills  on  the 
dollar  of  the  assessed  valuation  in  the  various  rural  school  districts  in  the 
association  in  addition  to  other  general  and  special  taxes  in  such  rural  dis- 
trict, and  authority  is  hereby  granted  to  such  school  boards  of  such  asso- 
ciated rural  districts  acting  together  to  levy  and  assess  the  necessary  taxes 
to  carry  into  effect  the  provisions  of  this  act.  The  amount  of  such  taxes 
shall  be  certified  by  the  chairman  of  such  meeting  to  the  county  auditor  to 
be  by  him  levied  and  extended  against  the  taxable  property  in  the  respective 
rural  districts  forming  part  of  such  association,  and  when  collected  by  said 
county  treasurer  such  taxes  shall  be  paid  to  the  treasurer  of  the  central 
school,  who  shall  furnish  the  board  of  review  a  full  and  detailed  statement 
of  all  moneys  so  received  and  expended  under  this  act.  (Sec.  8,  c'  247,  G.  L. 
1909,  as  amended  by  sec.  8,  c.  82,  1911.) 


54  STATE  AID   TO   SCHOOLS. 

136.  Election  of  members  of  board  of  central  school — Duties — The  board 
of  each  rural  school  district  so  associated  with  any  central  school  under  the 
provisions  of  this  act  shall  elect  one  of  its  members  to  act  with  the  board  of 
the  central  school  in  carrying  out  the  provisions  of  this  act,  and  such  mem- 
ber shall  have  equal  power  with  each  member  of  the  board  of  the  central 
school. 

The  board  so  constituted,  consisting  of  the  board  members  of  the  central 
school  and  one  representative  of  the  board  of  each  such  associated  rural 

school,  shall  be  known  as  the  associated  school  board  of  District  No 

of 

The  officers  of  the  central  school  shall  act  as  the  officers  of  such  asso- 
ciated board. 

The  duties  of  such  associated  board  shall  be: 

1.  To  hold  such  meetings  at  the  central  school  at  such  times  as  the 
board  shall  determine. 

2.  To  act  on  all  matters  affecting  the  relation  of  the  associated  rural 
school  to  the  central  school,  including  the  fixing  of  tuition  of  non-resident 
pupils  taking  work  in  the  agricultural  and  industrial  department. 

3.  To  submit  to  a  vote  of  the  various  associated  rural  districts  the  ques- 
tion of  levying  a  tax  in  such  associated  school  district  or  districts  to  assist  in 
the  erection  of  an  agricultural  and  industrial  building  in  connection  with  the 
central  school  and  in  relation  to  the  levy  and  collection  of  a  tax  for  such 
purpose. 

Before  any  such  tax  shall  be  levied,  it  must  be  voted  for  and  approved 
by  a  majority  vote  in  each  of  the  associated  districts. 

4.  To  procure,  if  deemed  necessary,  a  tract  of  land  in  one  or  more  of 
the  associated  rural  districts  for  demonstration  and  experimental  work  in 
agriculture.     (Sec.  9,  c.  247,  G.  L.  1909,  as  amended  by  spc.  9,  c.  82,  1911.) 

137.  Authority  of  superintendent — The  superintendent  or  principal  of 
the  central  school  as  to  the  provisions  of  this  act  shall  exercise  the  same 
authority  and  supervision  over  the  rural  schools  as  over  the  central  schools. 
He  shall  prepare  for  the  associated  rural  schools  a  suitable  course  of  study, 
embodying  training  and  instruction  in  agriculture  and  industrial  training  and 
such  subjects  as  are  related  to  farm  life  and  can  be  successfully  taught  in 
rural  schools.     (Sec.  10,  c.  247,  G.  L.  1909,  as  amended  by  sec.  10,  c.  82,  1911.) 

138.  Termination  of  relations — The  relationship  and  obligations  between 
any  associated  rural  school  district  and  the  central  school  may  be  terminated 
at  any  annual  school  meeting  by  a  two-thirds  vote  of  any  such  associated 
rural  school  district;  provided,  the  central  school  is  given  at  least  one  year's 
notice  of  the  intention  of  such  rural  school  district  to  vote  on  such  question 
of  withdrawal.     (Sec.  11,  c.  247,  G.  L.  1909,  as  amended  by  sec.  11,  c.  82,  1911.) 

139.  Duty  of  county  auditor — Upon  receipts  by  the  county  auditor  of  the 
warrant  and  the  certificate  as  stated  in  section  1  of  this  act,  it  shall  be  his 
duty  to  credit  the  several  school  districts  with  the  amounts  stated  in  said 
certificate,  then  charging  the  county  treasurer  with  the  aggregate  amount 
so  received,  and  forthwith  deliver  to  the  county  treasurer  the  said  warrant 
or  warrants. 

The  funds  so  credited  to  the  several  school  districts  shall  be  paid  to 


THE   PUBLIC    SCHOOLS.  55 

the  treasurers  thereof  in  the  same  manner  now  provided  by  law  for  the  pay- 
ment of  school  funds  to  school  district  treasurers.     (Chap.  142,  1905.) 

140.  Fifty  thousand  dollar  appropriation  for  comimon  schools — There  is 
hereby  annually  appropriated  from  the  revenue  fund  of  this  state  fifty  thou- 
sand dollars  ($50,000)  in  aid  of  the  common  schools  of  this  state,  available, 
the  first  annual  appropriation,  on  or  before  May  1,  1911,  and  each  succeed- 
ing annual  appropriation,  on  or  before  April  1st,  of  each  succeeding  year. 
(Sec.  1,  c.  341,  1911.) 

141.  Manner  of  distribution — The  amount  so  appropriated  shall  be  an- 
nually divided  among  and  distributed  to  the  several  counties  of  this  state 
for  the  use  and  benefit  of  and  in  aid  of  the  common  schools  thereof,  and  the 
county  treasurer  of  each  county  receiving  such  aid  shall  redivide  and  re- 
distribute the  same  to  and  to  the  use  and  benefit  of  the  common  schools  of 
his  county  in  proportion  to  the  acreage  of  lands  owned  by  this  state  in  each 
respective  school  district  situated  therein;  provided,  however,  that  in  calcu- 
lating the  acreage  of  unsold  lands  in  any  county,  lands  which  have  hereto- 
fore been  or  hereafter  may  be  leased  by  the  state  for  mineral  purposes,  shall 
not  be  included  in  the  calculation;  and  provided,  further,  that  the  amount 
received  by  any  school  district  in  any  year  shall  not  exceed  the  equivalent 
of  five  cents  per  acre  for  each  and  every  acre  of  state  owned  lands  situated 
within  such  school  district  after  excluding  such  leased  lands.  Provided,  that 
no  school  shall  receive  under  the  terms  of  this  act,  in  any  one  year,  an 
amount  in  excess  of  $250.     (Sec.  2,  c.  341,  1911.) 

142.  Not  to  be  used  for  purchasing  school  site — No  part  of  the  money 
hereby  appropriated  shall  be  available  for  or  be  used  for  the  purchase  of  any 
school  site  or  the  erection  of  any  school  building.     (Sec.  3,  c.  341,  1911.) 

143.  Duty  of  state  auditor — It  shall  be  the  duty  of  the  state  auditor  to 
supply  to  the  several  county  auditors  of  this  state  plans  with  checkings  there- 
on indicating  the  location  and  the  description  of  all  unsold  state  lands  sit- 
uated within  the  organized  townships  of  his  county.     (Sec.  4,  c.  341,  1911.) 


CHAPTER  XII. 

THE  PUBLIC  SCHOOLS. 

144.  Public  schools — Tuition  free — All  schools  supported  in  whole  or  hi 
part  by  state  school  funds  shall  be  styled  public  schools,  and  admission  to 
and  tuition  therein  shall  be  free  to  all  persons  between  the  ages  of  five  and 
twenty-one  years,  in  the  district  in  which  such  pupil  resides.  Provided,  that; 
the  school  board  of  any  district  may,  by  resolution,  exclude  all  children  un- 
der six  years  of  age.     (1279) 

A  school  board  has  no  authority  to  exclude  a  child  of  school  age  from  school 
during  any  portion  of  the  school  year;  and  such  child  is  entitled  to  admission  when- 
ever the  minimum  age  is  reached,  whether  the  same  be  at  the  beginning  or  dur- 
ing any  part  of  a  school  term  or  year;  construing  sections  1279  and  1402,  R.  L. — 
Young,  March,   1907. 


56  THE    PUBLIC   SCHOOLS. 

A  school  board  has  no  power  to  exclude  a  pupil  who  uses  tobacco  from  the 
public  school.  The  use  of  tobacco  by  students  is  not  wholly  prohibited  by  the 
statutes.— Young,    p.    206. 

Those  entitled  to  admission  to  the  public  schools  are  (1)  the  children  of  the 
actual  residents  in  the  district;  and  (2)  all  other  persons  between  the  ages  of 
five  and  twenty-one  who  may  .be  in  good  faith  living  in  the  district.  If  tjie 
parents  are  in  good  faith  living  in  the  district,  although  temporarily,  the  children 
would  be  entitled  to  admission  to  the  school. — Wilson,  p.  396.  (See,  also,  par.  31, 
1897,  c.   252.) 

Whether  a  miner  whose  parents  reside  in  another  part  of  the  state  has  a  right 
to  attend  school  in  your  district  depends  upon  whether  said  minor  is  a  resident 
of  your  district.- — Colville,   p.   235. 

Residence  acquired  by  students  in  attendance  upon  any  seminary  of  learning, 
or  by  inmates  of  any  charitable  institution,  or  of  a  public  prison  for  reformation 
or  punishment,  is  not  of  such  character  as  to  give  the  right  to  attend  the  dis- 
trict school  of  the  place  or  to  be  enrolled  for  apportionment  in  such  district. — - 
Cornell,  p.  257. 

While  a  parent  could  not,  for  the  colorable  purpose  of  evading  the  law,  send 
his  children  to  board  in  another  district  for  the  mere  object  of  attending  school, 
I  entertain  no  doubt  that  a  scholar  actually  and  in  good  faith  domiciled  in  the 
district  would  be  entitled  to  the  benefits  of  the  school  without  regard  to  the  resi- 
dence of  his  parents. — Cole,  p.   106. 

The  right  to  free  tuition  depends  upon  the  residence  of  the  pupil  claiming 
it  without  regard  to  the  residence  of  his  parents.  If  a  child  conies  into  a  district 
for  the  mere  purpose  of  attending  school,  the  board,  in  its  discreton,  may  charge 
tuition,  or  exclude  him  altogether.  On  the  other  hand,  a  child  who  actually  re- 
sides in  a  district  is  entitled  to  school  privileges  without  charge. 

"What  are  the  relative  powers  and  duties  of  trustees  and  teachers  in  refer- 
ence to  the   discipline   and  management   of  schools?" 

For  insubordination,  immorality,  or  infectious  disease,  the  board  may  expel 
any  scholar.  It  is  made  the  duty  of  each  member  of  the  board  at  least  once  in 
each  term  to  visit  the  schools  and  give  such  advice  to  the  teacher  as  may  be 
for  the  benefit  of  the  schools,  and  they  are  intrusted  with  the  general  charge  of 
the  interests  of  the  schools  and  school  houses  in  their  districts,  and  are  especially 
authorized  to  employ  teachers  having  the  requisite  certificate  of  qualification. 
There  are  the  principal  provisions  bearing  upon  the  question  under  consideration, 
and  they  seem  to  leave  no  doubt  that  with  the  single  exception  of  the  power  of 
expulsion  for  the  causes  specified  in  the  statute,  the  authority  of  the  trustees 
over  the  interior  management  of  the  schools  is  solely  advisory  in  its  character. 
The  responsibility  for  the  correct  government  and  discipline  of  the  school,  as  well 
as  the  adoption  of  such  methods  of  teaching  as  seem  best  calculated  to  promote 
the  advancement  of  the  scholars  in  their  several  branches  of  study,  rests  solely 
with  the  teacher.  Of  course  there  ought  and  always  will  be  a  mutual  interchange 
of  views,  and  a  cordial  co-operation  between  teachers  and  trustees  in  all  these 
matters,  whenever  a  regard  is  had  to  the  important  interests  intrusted  to  their 
charge.  The  law  prescribes  what  studies  shall  and  what  may  be  taught  in  our  com- 
mon schools,  as  well  as  the  text-books  to  be  used;  and  in  determining  within  this 
limit  what  particular  study  any  pupil  shall  pursue,  the  teacher  always  ought  to 
consult  the  wishes  of  its  parents  or  guardian,  and  conform  to  them  so  far  as 
practicable,  having  due  regard  to  the  present  attainments  and  proficiency  of  the 
pupil,    and   the   general   interests   of  the   school. — Cornell,    p.    265. 

There  is  no  doubt  of  the  right  of  the  parent  to  send  his  children  into  any  dis- 
trict he  may  select  so  long  as  he  is  willing  to  assume  the  extra  burden  thereby 
imposed  upon  him. — Clapp,  May  3,   1S8S. 

Corporal  Punishment. — To  use  *  *  *  force  or  violence  upon  *  *  *  the 
person  of  another  is  not  unlawful  *  *  *  when  committed  by  a  *  *  *  teacher, 
in  the  exercise  of  a  lawful  authority  to  restrain  or  correct  his  *  *  *  scholar, 
and  the  force  or  violence  used  is  reasonable  in  manner  and  moderate  in  degree. 

The  mere  designation  of  tuition  charge  as  "book  rent"  when  in  fact  it  is  a 
tuition  charge,  will  not  in  any  way  affect  the  law  or  warrant  the  drawing  of 
apportionment    for    pupils    paying   such    "book    rent." — Simpson,    March    8,    1909. 

145.  General  control  of  schools — The  teacher  shall  have  the  general 
control  and  government  of  the  school.  When  more  than  one  teacher  is  em- 
ployed in  any  district,  one  of  the  teachers  may  be  designated  by  the  board 
as  principal  and  shall  have  the  general  control  and  supervision  of  the  schools 
of  the  district,  subject  to  the  general  supervisory  control  of  the  board  and 
other  officers.     (1336) 

146.  Length  of  school — The  schools  shall  be  maintained  not  less  than 
five  nor  more  than  ten  months,  but  this  provision  shall  not  apply  to  night 
schools  or  kindergartens.  The  school  month  shall  consist  of  four  weeks. 
Every  Saturday  shall  be  a  school  holiday,  and  all  legal  holidays  shall  be 
counted  as  a  part  of  the  school  week.     (1337) 


THE  PUBLIC  SCHOOLS.  57 

147.  Holidays — The  word  "holiday"  shall  include  New  Years  Day,  Jan- 
uary 1;  Lincoln's  Birthday,  February  12;  Washington's  Birthday,  February 
22;  Memorial  Day,  May  30;  Independence  Day,  July  4;  Labor  Day,  first  Mon 
day  in  September;  election  day,  the  first  Tuesday  after  tne  first  Monday  in 
November  of  the  even  numbered  years;  Christmas  Day,  December  25;  and 
the  Friday  next  preceding  Easter  Sunday  and  commonly  known  as  Good 
Friday.  No  public  business  shall  be  transacted  on  those  days,  except  in 
cases  of  necessity,  nor  shall  any  civil  process  be  served  thereon.  (Chap.  254, 
1907,  amending  sec.  5514.) 

Legal  holidays   are   school   holidays   also. — Young,    February,    1907. 

148.  Instruction  in  public  schools — The  books  used  and  the  instruction 
given  in  public  schools  shall  be  in  the  English  language,  but  any  other  lan- 
guage may  be  used  by  teachers  in  explaining  to  pupils  who  understand  such 
language  the  meaning  of  English  words;  and  in  high  and  graded  schools 
other  languages  may  be  taught,  when  made  part  of  a  regular  or  optional 
course  of  study.  Instruction  may  also  be  given  in  such  languages  in  common 
schools,  not  to  exceed  one  hour  in  each  day,  by  unanimous  vote  of  the  trus- 
tees.    (1338) 

If  unanimously  authorized  by  the  board,  but  under  no  other  circumstances,  a 
foreign  language  may  be  taught  for  not  more  than  one  hour  in  any  school  day  as  a 
part  of  the  instruction  in  a  public  school.  If  a  teacher  violates  this  law,  she 
violates  her  contract  and  is  not  entitled  to  compensation  out  of  the  treasury;  and 
may  be  compelled  by  legal  proceedings  to  obey  the  law. — Young,  p.  184. 

"Are  trustees  required  by  law  to  cause  schools  to  be  taught  in  the  English 
language?"  The  school  laws  prescribe  those  branches  of  study  which  are  to  be 
taught  in  our  common  schools.  The  languages  are  not  included.  That  those 
branches  are  to  be  taught  in  the  English  language  it  requires  no  argument  to 
prove.  The  government  has  yet  to  exist  which  will  expend  the  contents  of  its 
treasury  to  the  neglect  of  its  own  language  in  educating  its  citizens  in  the  language 
of  a  foreign  countrv  whose  institutions  and  laws  are  at  variance  with  its  own. — 
Cole,  p.  76. 

Proviso  First.— A  school  in  which  the  instruction  is  given  in  foreign  languages 
cannot  be  regarded  as  in  any  sense  a  public  school;  no  taxes  can  be  legally  levied 
for  the  support  of  such  a  school  and  it  is  the  duty  of  the  county  superintendent 
to  see  to  it  that  such  a  school  receive  no  part  of  the  apportionment  of  the  pub- 
lic money. 

149.  Instruction  in  morals,  etc. — The  teachers  in  all  public  schools  shall 
give  instruction  in  morals,  in  physiology  and  hygiene,  and  in  the  effects  of 
narcotics  and  stimulants.     (1347,  R.  L.  1905.) 

You  inquire  whether  it  is  lawful  to  open  a  public  school  with  a  recital  of  the 
Lord's  prayer.  The  question  involves  a  construction  of  sec.  16  of  article  I  of  the 
constitution,  wherein  it  is.  amongst  other  things,  provided:  "Nor  shall  any  man 
be  compelled  to  attend,  erect,  or  support  any  place  of  worship."  *  *  *  No  dis- 
tinction can,  in  principle,  he  drawn,  between  the  opening  of  school  with  prayer, 
or  the  reading  of  the  Scriptures,  so  far  as  the  question  pertains  to  the  violation 
of  the  provision  above  named.  *  *  *  In  view  of  the  decision  by  the  supreme 
court,  you  are  advised  that  the  practice,  however,  frequently  tolerated  or  indulged 
in,  is  violative  of  the  constitution. — Childs,  Dec.  10,  1895. 

In  the  case  of  Rasnick  vs.  District  No.  60,  Stearns  County,  April  24,  1897.  in 
the  district  court,  it  was  held  thap-  a  public  school  house  cannot  be  used,  either 
in  or  out  of  school  hours,  for  the  purpose  of  giving  any  religious  instruction,  or  the 
conducting  of  any  religious  exercises  therein,  which  are  peculiar  to  the  dis- 
tinctive teachings,  practices,  doctrines,  creed,  tenets,  or  beliefs  of  any  religious 
faith,  church,  or  denomination,  and  particularly  from  using  or  allowing  the  school 
house  to  be  used  for  the  same,  of  any  of  the  prayers  or  the  teachings  of  the 
cathechism,   or  the  conducting  of  any  of  the  religious  exercises  mentioned  herein. 

150.  Classes  of  schools — District  schools  are  divided  into  four  classes, 
as  follows:  (1)  High  schools;  (2)  graded  chools;  (3)  semi-graded  schools; 
and  (4)  common  schools.     (1339) 


58  THE    PUBLIC   SCHOOLS. 

151.  High  Schools — The  following  are  the  requisites  of  a  high  school: 

1.  It  shall  be  in  session  not  less  than  nine  months  in  the  year. 

2.  It  shall  admit,  free  of  tuition  charge,  students  of  either  sex  resident 
in  the  state,  but  those  only  who  shall  pass  a  proper  examination  in  arith- 
metic, spelling,  English  grammar,  reading,  writing,  geography,  and  United 
States  history. 

3.  It  shall  have  regular  and  orderly  courses  of  study,  embracing  all  the 
branches  prescribed  by  the  state  high  school  board,  and  requisite  for  admis- 
sion to  the  collegiate  department  of  the  state  university,  and  an  optional 
English  or  business  course  in  addition  thereto  or  in  lieu  thereof. 

4.  It  shall  be  subject  to  such  rules  and  regulations,  consistent  with  the 
provisions  of  law,  as  may  be  prescribed  by  the  state  high  school  board,  and. 
shall  be  open  to  visitation  at  all  times  by  any  members  of  such  board,  and 
by  any  inspector  thereof.     (1340) 

152.  Graded  schools — Graded  schools  include  all  schools  below  high 
schools  which — 

1.  Are  in  session  at  least  nine  months  in  the  year; 

2.  Are  well  organized,  having  at  least  four  departments  in  charge  of  a 
principal  holding  a  state  professional  certificate,  or  a  graduate  from  the 
advanced  course  of  a  state  normal  school  or  of  a  reputable  college  or  univer- 
sity; 

3.  Have  a  suitable  school  house  and  other  necessary  buildings,  a  sub- 
stantial library,  and  necessary  apparatus  for  efficient  work;  and 

4.  Have  regular  and  orderly  courses  of  study,  embracing  all  such 
branches  as  may  be  prescribed  by  the  high  school  board.     (1341) 

153.  Semi-graded  schools — Common  schools — A  semi-graded  school  is 
one  not  complying  with  the  foregoing  provisions,  but  which — 

1.  Maintains  a  school  for  at  least  eight  months  in  a  year; 

2.  Is  well  organized,  with  at  least  two  departments  in  the  charge  of 
proficient  teachers,  one  at  least  of  whom  holds  not  less  than  a  first-grade 
certificate; 

3.  Has  a  suitable  school  building,  outhouses,  or  other  necessary  accom- 
modations, and  a  library  and  apparatus  necessary  for  doing  efficient  work; 
and 

4.  Has  a  regular  and  orderly  course  of  study,  and  shall  comply  with  the 
rules  established  by  the  state  superintendent. 

All  other  district  schools  are  common  schools.     (1342) 

154.  Secret  fraternities  in  the  public  schools — From  and  after  the  pas- 
sage of  this  act  it  shall  be  unlawful  for  any  pupil,  registered  as  such,  and 
attending  any  public  high  school,  district,  primary  or  graded  school,  which 
is  partially  or  wholly  maintained  by  public  funds,  to  join,  become  a  member 
of,  or  to  solicit  any  other  pupil  of  any  such  school  to  join,  or  become  a  mem- 
ber of  any  secret  fraternity  or  society  wholly  or  partially  formed  from  the 
membership  of  pupils  attending  any  such  schools  or  to  take  part  in  the 
organization  or  formation  of  any  such  fraternity  or  society,  except  such 
societies  or  associations  as  are  sanctioned  by  the  directors  of  such  schools. 
(Chap.  149,  sec.  1,  1907.) 


TEXT   BOOKS    AND    LIBRARIES.  59 

155.  Directors  to  establish  rules  and  regulations — The  directors  of  all 
such  schools  shall  enforce  the  provisions  of  section  1  of  this  act,  and  shall 
have  full  power  and  authority  to  make,  adopt  and  modify  all  rules  and  regu- 
lations which  in  their  judgment  and  discretion  may  be  necessary  for  the 
proper  governing  of  such  schools  and  enforcing  all  the  provisions  of  section  1 
of  this  act.     (Chap.  149,  sec.  2,  1907.) 

156.  Directors  shall  have  power  to  suspend  or  dismiss — The  directors 
of  such  schools  shall  have  full  power  and  authority,  pursuant  to  the  adoption 
of  such  rules  and  regulations  made  and  adopted  by  them,  to  suspend  or 
dismiss  any  pupil  or  pupils  of  such  schools  therefrom,  or  to  prevent  them, 
or  any  of  them,  from  graduating  or  participating  in  school  honors  when,  after 
investigation,  in  the  judgment  of  such  directors,  or  a  majority  of  them,  such 
pupil  or  pupils  are  guilty  of  violating  any  of  the  provisions  of  section  1  of 
this  act,  or  who  are  guilty  of  violating  any  rule,  rules  or  regulations  adopted 
by  such  directors  for  the  purpose  of  governing  such  schools  or  enforcing 
section  1  of  this  act.     (Chap.  149,  sec.  3,  1907.) 

157.  Soliciting  a  misdemeanor,  by  persons,  not  pupils — Municipal  and 
justice  courts  to  have  jurisdiction — -It  is  hereby  made  a  misdemeanor  for  any 
person  not  a  pupil  of  such  schools  to  be  upon  the  school  grounds,  or  to  enter 
any  school  building  for  the  purpose  of  "rushing"  or  soliciting  while  there 
any  pupil  or  pupils  of  such  schools  to  join  any  fraternity,  society,  or  associa- 
tion organized  outside  of  said  schools.  All  municipal  courts  and  pustice 
courts  in  this  state  shall  have  jurisdiction  of  all  offenses  committed  under 
this  section,  and  all  persons  found  guilty  of  such  offenses  shall  be  fined  not 
less  than  two  dollars  nor  more  than  ten  dollars,  to  be  paid  to  the  city  or 
village  treasurer,  when  such  schools  are  situated  inside  of  the  corporate 
limits  of  any  city  or  village,  or  to  the  county  treasurer  when  situated  out- 
side of  the  corporate  limits  of  any  such  city  or  village,  or  upon  failure  to 
pay  such  fine,  to  be  imprisoned  for  not  more  than  ten  days.  (Chap.  149, 
sec.  4,  1907.) 

158.  Force  or  violence,  when  lawful — The  use,  attempt,  or  offer  to  use 

force  or  violence  upon  or  toward  the  person  of  another  shall  not  be  unlawful 

in  the  following  cases: 

************ 

(4)  Whenever  used  in  a  reasonable  and  moderate  manner  by  a  parent 
or  his  authorized  agent,  a  guardian,  master,  or  teacher,  in  the  exercise  of 
lawful  authority,  to  restrain  or  correct  his  child,  ward,  apprentice  or  scholar. 
(4906) 


CHAPTER  XIII. 

TEXT  BOOKS  AND  LIBRARIES. 

159.  Library  board — -The  state  superintendent  and  the  presidents  of 
the  normal  schools  shall  constitute  a  state  library  board.  Such  board  shall 
from  time  to  time  prepare  and  amend  a  list  of  books  suitable  for  school 


60  TEXT   BOOKS   AND   LIBRARIES. 

libraries,  including  dictionaries  and  other  books  of  reference,  histories,  an<l 
works  of  biography,  literature,  political  economy,  agriculture,  travel,  and 
science.  They  shall  advertise  in  at  least  two  leading  papers  for  rates  at 
which  such  books  will  be  furnished  to  districts,  and  make  contracts  with  the 
lowest  responsible  bidders  for  a  period  not  to  exceed  two  years.     (1424) 

160.  State  aid — Upon  receiving  from  any  district  a  certified  statement, 
approved  by  the  county  superintendent,  showing  the  purchase  of  books  under 
such  contracts,  the  appointment  of  a  librarian  for  each  library,  and  the  mak- 
ing of  proper  provisions  for  the  care  thereof,  and  for  the  free  distribution  of 
books  suitable  for  distribution,  the  state  superintendent  shall  furnish  such 
district  a  requisition  on  the  state  auditor  for  one-half  the  purchase  price, 
not  exceeding  twenty  dollars  for  the  first  year's  purchase,  and  ten  dollars  for 
any  subsequent  year  for  each  separate  school  for  which  a  library  is  so  fur- 
nished.    (1425) 

161.  Standing  appropriation — The  sum  of  ten  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary  to  carry  out  the  provisions  of  sections 
1424  and  1425,  is  hereby  annually  appropriated;  provided,  that  when  any 
appropriation  made  to  carry  out  the  provisions  of  sections  1424  and  1425  is 
exhausted  no  further  purchases  shall  be  made.  (Sec.  1426,  R.  L.  1905,  as 
amended  by  c.  144,  1909.) 

162.  Purchase  of  library  books  in  certain  districts — In  school  districts 
maintaining  high  schools  or  state  graded  schools  the  library  books  in  such 
districts  shall  be  purchased  during  the  next  two  years,  beginning  August  1 
1911,  from  the  special  appropriations  made  for  high  and  graded  schools, 
and  schools  in  such  districts  shall  not  share  in  any  appropriation  made  es 
pecially  for  the  purchase  of  library  books.     (Sub.  4,  sec.  3,  c.  280,  1911.) 

163.  Webster's  Dictionary — Furnishing  to  schools — The  superintendent 
of  public  instruction  is  hereby  authorized  to  furnish  to  any  school  district, 
or  any  school  or  district  department  thereof,  in  any  city,  village,  or  town, 
one  copy  of  Webster's  Unabridged  Dictionary,  on  receipt  of  an  affidavit  of 
the  district  clerk,  the  school  superintendent,  or  secretary  of  the  board  of 
education  of  such  village,  city  or  town,  that  such  school  or  department  has 
not  yet  been  supplied  under  the  provisions  of  this  act,  or  that  the  dictionary 
heretofore  furnished  to  said  school  or  department  has  been  lost  or  is  unfit 
for  use,  and  on  payment  in  advance  of  the  cost  price  to  said  superintendent 
of  public  instruction;  and  the  superintendent  of  public  instruction  is  further 
authorized  to  sell  at  cost  price  to  the  state  educational  institutions,  on  a 
written  requisition  being  made  by  the  officer  in  charge  of  such  institution, 
as  many  copies  of  Webster's  Unabridged  Dictionaries,  not  exceeding  the 
number  of  school  departments  in  the  institution  under  his  charge,  as  may  be 
necessary  for  the  educational  purposes  of  the  same;  and  the  superintendent 
of  public  instruction  is  further  authorized  to  furnish  said  Webster's  Un- 
abridged Dictionary  at  cost  price  to  members  of  the  legislature  and  state 
officers,  not  exceeding  one  copy  to  each  such  person.     (3736)     (1894) 

The  International  Dictionary  is  now  furnished  instead  of  the  old  Unabridged. 
The    statute   does   not    contemplate    a    sale    thereof   to    county    officers. — Childs, 
March  26,   1S96. 


TEXT    BOOKS   AND    LIBRARIES.  61 

164.  Same — Appropriation — The  superintendent  of  public  instruction  is 
hereby  authorized  to  purchase  from  time  to  time  each  year,  at  a  cost  not 
exceeding  seven  dollars  per  copy,  delivered  at  his  office  in  St.  Paul,  a  suffi- 
cient number  of  copies  of  Webster's  Unabridged  Dictionary  to  carry  out  the 
provisions  of  this  act;  and  there  is  hereby  appropriated  from  the  state  treas- 
ury, out  of  funds  not  otherwise  appropriated,  the  sum  of  two  thousand  four 
hundred  dollars,  or  so  much  thereof  as  may  be  necessary  to  carry  into  effect 
the  provisions  of  this  act.     (3737)     (1894) 

165 — Same — Receipts  from  sales — The  superintendent  of  public  instruc- 
tion shall  pay  over  to  the  state  treasurer  all  money  received  on  account  of 
dictionaries  sold  as  aforesaid,  and  render  an  account  of  all  dictionaries  sold, 
in  his  report  to  the  legislature-,  provided,  that  all  sums  so  turned  into  the 
state  treasury  by  said  superintendent  of  public  instruction  shall  be  and  re- 
main a  fund  from  which  said  superintendent  of  public  instruction  is  hereby 
authorized  to  draw  such  sums  as  may  be  necessary  for  future  purchases  un- 
der the  provisions  of  this  act.     (3738)    (1894) 

166.  Text  books — Persons,  companies  or  corporations  to  comply  with 
certain  conditions — Before  any  person,  company  or  corporation  shall  offer 
any  school  text  book  for  adoption,  sale  or  exchange,  in  the  State  of  Minne- 
sota, said  person,  company  or  corporation  shall  comply  with  the  following 
conditions: 

First.  File  a  copy  of  such  text  book  in  the  office  of  the  state  superin- 
tendent of  public  instruction,  with  a  sworn  statement  of  the  usual  list  price, 
the  lowest  wholesale  price,  and  the  lowest  exchange  price,  based  on  five- 
year  adoption  periods,  at  which  said  book  is  sold  or  exchanged  for  an  old  book 
in  the  same  subject  of  like  grade  and  kind,  but  a  different  series,  to  any 
school  board,  school  corporation  or  school  text  book  commission  anywhere 
in  the  United  States. 

Second.  File  with  the  state  superintendent  of  public  instruction  a  writ- 
ten agreement  (1)  to  furnish  said  book  or  books  to  any  school  board  in  the 
State  of  Minnesota  at  the  said  lowest  prices  so  filed,  and  to  maintain  said 
prices  uniformly  throughout  the  state.  (2)  To  reduce  such  prices  automatical- 
ly in  Minnesota  whenever  reductions  are  made  elsewhere  in  the  United  States, 
and  guarantee  that  at  no  time  shall  any  book  so  filed  by  said  person,  com- 
pany or  corporation  be  sold  in  Minnesota  at  a  higher  price  than  is  received 
for  such  book  elsewhere  in  the  United  States.  (3)  That  all  text  books 
offered  for  sale  in  Minnesota  shall  be  equal  in  quality  to  those  deposited 
in  the  office  of  the  state  superintendent  of  public  instruction  as  regards 
paper,  binding,  print,  illustrations,  subject-matter  and .  all  points  that  may 
affect  the  value  of  said  text  books. 

Third.  File  with  the  state  superintendent  of  public  instruction  a  surety 
bond  of  not  less  than  two  thousand  ($2,000)  and  not  more  than  ten  thousand 
dollars  ($10,000),  said  bond,  in  an  amount  to  be  fixed  by  the  state 
superintendent  of  public  instruction,  shall  run  to  the  State  of  Minnesota, 
and  be  approved  by  the  attorney  general.  Upon  compliance  with  the  fore 
going  conditions,  said  person,  company  or  corporation  shall  be  licensed  to 
sell  school  text  books  in  the  State  of  Minnesota.     (Sec.  1,  c.  43,  1911.) 

167.  Failure  to  comply — Duties  of  county  superintendent — -If  in  any  case 


62  TEXT   BOOKS   AND    LIBRARIES. 

said  person,  company  or  corporation  shall  furnish  to  any  district,  books  in- 
ferior in  any  particular  to  the  samples  on  file  with  the  state  superintendent 
or  charge  a  higher  price  than  was  filed  with  the  state  superintendent, 
or  than  the  same  are  sold  elsewhere  in  the  United  States,  then  it  shall  be  the 
duty  of  the  county  superintendent  on  written  complaint  filed  with  him  by 
the  school  board  of  such  district  or  of  the  city  superintendent  of  a  district 
having  a  state  high  school,  or  of  the  principal  of  schools  of  a  district  having 
a  state  graded  school,  to  inform  the  state  superintendent  of  the  failure  of 
said  person,  company  or  corporation  to  comply  with  the  terms  of  his  con- 
tract. The  state  superintendent  shall  thereupon  notify  the  said  person,  com- 
pany or  corporation  of  said  complaint,  and  if  said  person,  company  or  cor- 
poration shall  disregard  the  notification  and  fail  to  comply  immediately  with 
the  terms  of  agreement  filed  with  the  state  superintendent,  then  the  bond 
of  said  person,  company  or  corporation  shall  be  forfeited  and  the  attorney 
general  shall  upon  written  request  of  the  state  superintendent  proceed  to 
collect  the  full  amount  of  the  bond  of  said  person,  company  or  corporation 
(Sec.  2,  c.  43,  1911.) 

168.  Books  to  be  chosen  from  printed  list — It  shall  be  the  duty  of  the 
state  printer  to  print  and  of  the  state  superintendent  of  public  instruction 
to  distribute  annually  to  the  school  authorities  of  the  state  a  complete  list  of 
the  books  thus  filed  with  him  giving  the  usual  list  price,  the  lowest  wholesale 
price  and  exchange  price  of  each;  and  all  books  used  in  the  public  schools 
of  the  state  may  be  chosen  from  this  list,  and  whenever  the  publisher  shall 
prepare  an  abridged  or  special  edition  of  any  of  his  books  listed  with  the 
state  superintendent  and  shall  supply  such  special  edition  elsewnere  at  a 
lower  wholesale  price  than  the  wholesale  price  scheduled  with  the  state 
superintendent,  the  publisher  must  agree  to  furnish  such  special  edition  at 
the  wholesale  price  at  which  it  is  furnished  elsewhere,  so  long  as  it  is  sup- 
plied at  the  said  lower  price  anywhere  outside  of  Minnesota;  and  it  shall  be 
understood  that  the  bond  given  by  the  publisher  shall  cover  this  provision 
as  to  special  edition.  In  case  an  action  is  brought  upon  such  bond,  the  state, 
if  successful,  shall  recover  the  full  amount  of  the  bond,  which  amount  shall 
be  paid  into  the  state  school  fund.     (Sec.  3,  c.  43,  1911.) 

169.  School  board  to  furnish  free  text  books— The  school  board  of  any 
school  district  shall,  when  directed  by  a  vote  of  the  district,  or  when  the 
board  deems  it  advisable,  provide  for  the  free  use  of  school  text  books  by 
the  pupils  of  their  school  or  schools,  or  provide  for  the  sale  of  them  to 
pupils  at  cost.  But  no  such  adoption  or  contract  shall  be  for  less  than  three 
(3)  or  more  than  five  (5)  years,  during  which  time  such  books  adopted  shall 
not  be  changed.     (Sec.  4,  c.  43,  1911.) 

170.  Proposition  to  be  submitted  to  voters  of  the  district — Whenever 
five  or  more  legal  voters  of  any  common  school  district  shall  petition  the 
school  board  to  submit  to  such  district  the  question  of  providing  free  text 
books  to  pupils  attending  its  schools,  it  shall  be  the  duty  of  such  board  to 
submit  the  same  to  the  legal  voters  of  such  district.  Such  question  may  be 
submitted  at  a  special  meeting  by  giving  ten  days'  notice  thereof,  or  at  any 
annual  meeting.  But  in  any  case  the  notice  of  such  meeting  shall  call  atten- 
tion to  the  fact  that  such  question  will  be  submitted,  and  in  case  a  majority 


TEXT   BOOKS    AMD    LIBRARIES.  63 

at  such  meeting  shall  vote  in  favor  of  such  free  text  books,  it  shall  be  the 
duty  of  the  board  to  provide  the  same.     (Sec.  5,  c.  43,  1911.) 

171.  School  boards  to  have  authority  to  purchase — The  school  boards  ot 
each  school  district  shall  have  authority  to  purchase  all  necessary  books 
for  indigent  pupils  and  pay  for  the  same  out  of  the  funds  of  the  district. 
(Sec.  6,  c.  43,  1911.) 

172.  Attempted  combinations  illegal — Duty  of  attorney  general — If  at 
any  time  any  publisher  shall  enter  into  an  understanding,  agreement  or  com- 
bination to  control  the  prices  or  to  restrict  competition  in  the  adoption 
or  sale  of  school  books,  then  the  attorney  general  shall  institute  and  prose- 
cute legal  proceedings  for  the  forfeiture  of  the  bond  of  said  publisher  and 
for  the  revocation  of  his  license  to  sell  school  books  in  this  state,  and  each 
and  every  contract  made  by  said  publisher  under  this  article  shall  thereupon 
become  null  and  void  at  the  option  of  the  other  parties  thereto.  (Sec.  7, 
c.  43,  1911.) 

173.  Samples  to  be  placed  on  file  with  state  superintendent— Penalty — 

Any  publisher  who  shall  sell  or  offer  for  sale  or  adoption  in  the  state, 
school  text  books  of  any  kind  without  first  placing  samples  of  the  same  on 
file  with  prices  and  obtaining  a  license  therefor  from  the  state  superintend- 
ent of  public  instruction,  shall  be  guilty  of  a  gross  misdemeanor,  and,  upon 
conviction,  shall  be  fined  not  less  than  five  hundred  dollars  and  not  more 
than  two  thousand  dollars.     (Sec.  8,  c.  43,  1911.) 

174.  Superintendent  to  be  disinterested  party — Penalty  for  violation — 

If  the  state  superintendent  of  public  instruction,  his  assistant  or  any  em- 
ploye connected  with  his  office,  or  any  member  of  any  school  board,  who 
shall  accept  or  receive  any  money,  gift  or  any  property,  or  favor  whatso- 
ever, from  any  person,  firm  or  corporation  offering  for  sale  any  text  books, 
or  any  agent  thereof,  or  from  any  person  in  any  way  interested  in  the  sale 
of  text  books,  shall,  upon  conviction,  be  punished  by  a  fine  not  exceeding 
five  hundred  (500)  dollars  or  by  imprisonment  in  the  county  jail  for  not  more 
than  six  months,  or  by  both  such  fine  and  imprisonment.     (Sec.  9,  c.  43,  1911.) 

175.  Teachers,  county  and  city  superintendent  to  be  disinterested  per- 
sons— Penalty  for  violation — Any  teacher  in  the  public  schools  of  Minnesota 
or  any  county  or,  city  superintendent  of  schools,  or  any  member  of  any 
school  board  or  board  of  education,  or  any  person  or  persons  connected  with 
the  public  school  system  of  Minnesota  in  any  capacity,  who  shall  in  any  way 
be  interested  in  the  profits,  proceeds  or  sale  of  any  school  text  books- used 
in  the  schools  of  Minnesota  under  his  charge,  or  with  which  he  is  connected 
in  any  official  capacity,  shall  be  liable  to  a  fine  or  not  less  than  fifty  dollars 
($50),  nor  more  than  two  hundred  dollars  ($200) ;  provided  that  this  shall  not 
apply  nor  have  reference  to  royalties  or  profits  received  by  a  person  from 
the  sale  of  school  books  of  which  he  is  himself  the  author.  (Sec.  10,  c.  43, 
1911.) 

176.  Acts  repealed — Sections  1427  and  1428  of  chapter  14,  Revised  Laws 
of  Minnesota  for  1905,  are  hereby  repealed.     (Sec.  11,  c.  43,  1911.) 


G4  COMPULSORY     KDUCATION— CHILD    LABOR. 

CHAPTER  XIV. 

COMPULSORY  EDUCATION— CHILD  LABOR. 

177.  Compulsory  attendance — Grounds  for  excuse — Every  child  between 
eight  (8)  and  sixteen  (16)  years  of  age  shall  attend  a  public  school,  or  a 
private  school,  in  each  year  during  the  entire  time  the  public  schools  of  the 
district  in  which  the  child  resides  are  in  session;  provided,  that  in  districts 
where  the  entire  term  of  school  is  of  unequal  length  in  different  schools  such 
child  shall  be  required  to  attend  school  as  herein  provided  during  at  least 
the  entire  time  of  the  shorter  term. 

Such  child  may  be  excused  from  attendance  upon  an  application  of  his 
parent,  guardian,  or  other  person  having  control  of  such  child,  to  any  mem- 
ber of  the  school  board,  truant  officer,  principal,  or  city  superintendent,  for 
the  whole  or  any  part  of  such  period,  by  the  school  board  of  the  district  in 
which  the  child  resides,  upon  its  being  shown  to  the  satisfaction  of  such' 
board: 

1.  That  such  child's  bodily  or  mental  condition  is  such  as  to  prevent 
his  attendance  at  school  or  application  to  study  for  the  period  required;   or 

2.  That  such  child  has  already  completed  the  studies  ordinarily  required 
in  the  eighth  grade;  or 

3.  That  there  is  no  public  school  within  reasonable  distance  of  his  resi- 
dence, or  that  conditions  of  weather  and  travel  make  it  impossible  for  the 
child  to  attend;  provided,  first,  that  any  child  fourteen  (14)  years  of  age  or 
over,  whose  help  may  be  required  in  any  permitted  occupation  in  or  about 
the  home  of  his  parent  or  guardian  may  be  excused  from  attendance  between 
April  1  and  November  1  in  any  year;  but  this  proviso  shall  not  apply  to  any 
cities  of  the  first  and  second  class;  provided,  second,  that  nothing  in  this 
act  shall  be  construed  to  prevent  a  child  from  being  absent  from  school  on 
such  days  as  said  child  attends  upon  instruction  according  to  the  ordinances 
of  some  church. 

The  clerk,  or  any  authorized  officer  of  the  school  board,  shall  issue  and 
keep  a  record  of  such  excuses,  under  such  rules  as  the  board  may  from  time 
to  time  establish.     (Sec.  1,  c.  356,  1911.) 

178.  Duty  of  school  board — It  shall  be  the  duty  of  each  school  board, 
through  its  clerk  or  other  authorized  agent  or  employe,  to  report  the  names 
of  children  between  six  (6)  and  sixteen  (16)  years  of  age,  with  the  excuses, 
if  any,  granted  in  such  district,  to  the  principal  teacher  thereof,  within  the 
first  week  of  school,  and  any  subsequent  excuses  granted  shall  be  forthwith 
reported  in  the  same  manner.  The  principal  teacher  shall  provide  the  teach- 
ers in  the  several  schools  under  his  supervision  with  the  necessary  informa- 
tion for  the  respective  grades  of  schools,  relating  to  the  list  of  pupils  with 
excuses  granted.  On  receipt  of  the  list  of  such  pupils  of  school  age  and  th? 
excuses  granted,  the  principal  teacher  in  a  common,  semi-graded  or  consoli- 
dated rural  school  shall  report  the  names  of  children  not  excused,  who  are 
not  attending  school,  with  the  names  and  addresses  of  their  parents,  to  the 
county  superintendent  of  schools  within  five  days  after  receiving  the  clerk's 
report.  The  several  teachers  in  state  graded  and  state  high  schools  shall  re- 
port to  the  principal  or  to  the  city  superintendent,  in  like  manner.  (Sec.  2, 
c.  356,  1911.) 


COMPULSORY    EDUCATION— CHILD    LABOR  65 

179.  Duty  of  county  superintendent,  principal  teacher,  etc. — The  county 
superintendent  of  schools  shall  forthwith  notify  the  parent,  guardian  or  per- 
son in  charge  to  send  such  child  to  school  of  whose  unexcused  absence  he  has 
been  informed,  and  upon  their  neglect  or  refusal  to  comply  with  the  notifica- 
tion the  county  superintendent,  shall  upon  receipt  of  information  of  such  non- 
compliance, notify  the  county  attorney  of  the  facts  in  each  case.  The  prin- 
cipal of  a  graded  school,  or  the  superintendent  of  a  district  maintaining  a 
high  school,  or  a  city  superintendent,  shall  proceed  in  like  manner  as  pro- 
vided in  this  section  respecting  the  county  superintendent  of  schools. 

It  shall  be  the  duty  of  the  principal  teacher  or  other  person  in  charge 
of  any  private  school  to  make  reports  at  such  times  and  containing  such 
information  as  is  herein  required,  respecting  public  schools.  Such  reports 
shall  be  made  to  the  county  superintendent  of  schools  in  whose  county  such 
private  school  is  located,  except  where  such  private  school  is  located  in  a 
city  or  in  a  district  maintaining  a  high  school,  or  a  graded  school,  such  re- 
ports shall  be  made  to  the  city  superintendent  of  schools  or  to  the  superin- 
tendent or  principal  of  the  high  or  graded  school. 

The  county  superintendent,  city  superintendent,  principal  of  graded 
school  or  superintendent  of  a  district  maintaining  a  high  school,  as  the  case 
may  be,  shall  upon  request  of  the  county  attorney  make"  and  file  a  criminal 
complaint  against  the  person  or  persons  neglecting  or  refusing  to  comply 
with  the  provisions  of  this  act  relating  to  the  sending  of  a  child  or  children 
to  school,  in  any  court  in  said  county  having  jurisdiction  of  the  trial  of  mis- 
demeanors, and  upon  making  of  such  complaint  a  warrant  shall  be  issued 
and  proceedings  and  trial  be  had  as  provided  by  law  in  case  of  misdemeanors 
All  prosecutions  under  this  chapter  shall  be  conducted  by  the  county  attor- 
ney of  the  county  wherein  the  offense  is  committed.     (Sec.  3,  c.  356,  1911.) 

180.  Parent  guilty  of  misdemeanor  for  violation — Any  person  who  shall 
refuse  or  fail  to  send  or  keep  in  school  any  child  or  children  of  whom  he 
has  legal  charge  or  control,  and  who  is  required  by  law  to  attend  school. 
when  notified  so  to  do  as  hereinbefore  provided,  and  any  person  who  induces 
or  attempts  to  induce  any  child  unlawfully  to  absent  himself  from  school, 
or  who  knowingly  harbors  or  employs  while  school  is  in  session  any  child 
unlawfully  absent  from  school,  shall  be  guilty  of  a  misdemeanor,  and  shall 
be  punished  by  a  fine  of  not  to  exceed  fifty  (50)  dollars,  or  by  imprisonment 
in  the  county  jail  for  not  more  than  thirty  (30)  days.     (Sec.  4,  c.  356,  1911.) 

181.  School  officer,  etc.,  guilty  of  violation — Any  school  officer,  truant 
officer,  teacher  of  a  public  or  private  school,  graded  school  principal,  city 
superintendent  or  county  superintendent  of  schools  refusing,  wilfully  failing. 
or  neglecting  to  perform  any  duty  imposed  upon  him  by  the  provisions  o° 
this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pun- 
ished for  each  offense  by  a  fine  not  to  exceed  ten  (10)  dollars,  or  by  im- 
prisonment in  the  county  jail  not  to  exceed  ten  (10)  days.  All  such  fines, 
when  collected,  shall  be  paid  into  the  county  treasury  for  the  benefit  of  the 
school  district  in  which  such  offense  is  committed.     (Sec.  5,  c.  356,  1911.) 

182.  Duty  of  commissioner  of  labor — The  commissioner  of  labor  and  his 
assistants  shall  assist  in  the  enforcement  of  the  provisions  of  this  act  and 
shall  have  authority  to  examine  the  excuses  granted  under  this  act,  to  make 


G6  COMPULSORY    EDUCATION— CHILD    LABOR. 

investigation  into  the  causes  for  which  excuses  have  been  granted,  and  to 
revoke  and  cancel  any  that  may  be  found  to  be  granted  without  proper  or 
sufficient  cause.    (Sec.  6,  c.  356,  1911.) 

183.  School  Census — A  complete  school  census  shall  be  taken  in  every 
school  district,  common,  independent  and  special,  between  July  1  and  Sep- 
tember 1,  of  all  children  between  six  (6)  and  sixteen  (16)  years  of  age, 
which  census  shall  show  the  name  and  date  of  birth  of  each  person  required 
to  be  enumerated,  and  the  name  and  address  of  his  parent,  guardian  or  other 
person  having  charge.  The  school  census  shall  be  taken  by  the  clerk  of 
the  school  board,  or  by  some  other  person  or  persons  appointed  by  the  school 
board.  Such  person  or  persons  taking  such  census  shall  make  two  extra 
copies  thereof,  shall  certify  to  the  school  board  the  correctness  of  the  enu- 
meration and  the  information  therein  contained.  The  clerk  shall  retain  tho 
original  in  his  office,  send  one  copy  to  the  county  superintendent,  on  or  be- 
fore September  1,  and  one  copy  to  the  principal  teacher,  principal  or  city 
superintendent  of  the  school  district,  before  the  first  day  of  school  of  each 
school  year.  The  compensation  for  taking  said  school  census  and  making 
the  extra  copies  thereof  shall  be  three  (3)  cents  for  each  pupil  enumerated, 
as  shown  by  the  census  list,,  except  that  in  cities  the  school  board  shall  fix 
the  compensation  for  this  work.     (Sec.  7,  c.  356,  1911.) 

184.  Sections  repealed — Sections  1,  2,  3  and  4  of  chapter  400  of  the  Laws 
of  1909,  and  all  other  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed.    (Sec.  8,  c.  356,  1911.) 

185.  Truant  schools — Such  boards  may  maintain  ungraded  schools  for 
the  instruction  of  children  of  the  following  classes  between  eight  and  eigh- 
teen years  of  age: 

1.  Habitual  truants. 

2.  Those  incorrigible,  vicious  or  immoral  in  conduct. 

3.  Those  who  habitually  wander  about  the  streets  or  other  public  places 
during  school  hours,  without  lawful  employment. 

All  such  children  shall  be  deemed  disorderly,  and  the  board  may  com 
pel  their  attendance  at  such  truant  school,  or  any  department  of  the  public 
schools,  as  the  board  may  determine.     Sec.  1449,  R.  L.  1905,  as  amended  by 
c.  440,  1909) 

186.  Commitment  to  State  Training  School — Whenever  the  board  de- 
termines that  the  foregoing  provisions  have  been  found  inadequate  to  secure 
the  attendance  at  school  of  any  such  disorderly  child,  or  that  he  is  beyond 
proper  control  in  the  truant  or  other  school  to  which  he  has  been  assigned, 
it  shall  direct  the  truant  officer  to  make  complaint  to  a  court  or  magistrate 
having  jurisdiction   over   misdemeanors   in  such   district  or  city. 

Such  court  or  magistrate  shall  thereupon  issue  a  warrant  for  the  arresr. 
of  such  child,  and  proceed  to  a  hearing  on  such  complaint,  and  if,  upon  such 
hearing,  the  court  or  magistrate  shall  decide  that  such  child  is  disorderly 
and  beyond  the  proper  control  of  the  schools  of  the  district,  and  under 
seventeen  years  of  age,  lie  shall  sentence  him  to  the  state  training  schoo1 : 
but  in  case  of  a  first  conviction,  the  court,  in  its  discretion,  may  suspend, 
the  sentence,     (sec.  1450,  R.  L.  1905,  as  amended  by  c.  440,  1909) 


COMPULSORY    EDUCATION— CHILD    LABOR  67 

187.  Truant   officers  to   report  annually  number  of  cases  of  truancy — 

The  board  of  any  district  may  appoint  and  remove  at  pleasure  truant  officers, 
who  shall  investigate  all  cases  of  truancy  or  non-attendance  at  school,  make 
complaints,  serve  notice  and  process,  and  attend  to  the  enforcement  of  all 
laws  and  school  regulations  respecting  truant,  incorrigible,  and  disorderly 
children  and  school  attendance.  Whenever  any  truant  officer  learns  of  any 
case  of  habitual  truancy  or  continued  non-attendance  of  any  child  hereby 
required  to  attend  school,  he  shall  immediately  notify  the  person  having 
control  of  such  child  to  forthwith  send  to  and  keep  him  in  school.  He  may 
arrest  without  warrant  and  take  to  school  any  such  child,  and  shall  act 
under  the  general  supervision  of  the  board,  or,  when  directed  by  the  board, 
under  that  of  the  city  or  district  superintendent. 

He  shall  transmit  annually  on  or  before  the  first  day  of  July,  each 
year,  to  the  State  Superintendent  of  Public  Instruction,  a  report  of  the  num- 
ber of  cases  of  truancy  and  non-attendance  investigated  by  him  and  the 
disposition  made  in  each  case.  Such  officer  shall  receive  a  salary,  fixed  by 
the  board  appointing  him,  but  no  fees.  (sec.  1448,  R.  L.  1905,  as  amended 
by  c.  284,  1911) 

188.  Child  labor — Time  and  age  limit — No  child,  under  14  years  of  age. 
shall  be  employed,  permitted  or  suffered  to  work  at  any  time,  in,  or  in  con- 
nection with,  any  factory,  mill  or  workshop,  or  in  or  about  any  mine;  and 
it  shall  be  unlawful  for  any  person,  firm  or  corporation,  to  employ  any  child 
under  14  years  of  age  in  any  business  or  service  whatever  during  any  part 
of  the  term  during  which  the  public  schools  of  the  district  in  which  the 
child  resides  are  in  session,     (chap.  299,  sec.  1,  1907) 

189.  Certificate — It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  employ  any  child  over  14  years  of  age,  and  under  16  years  of  age,  in 
any  business  or  service  whatever,  during  any  part  of  the  term  during 
which  the  public  schools  of  the  district  in  which  the  child  resides  are  in 
session,  unless  the  employer  procures  and  keeps  accessible  to  the  truant, 
officers  of  the  town  or  city  and  to  the  commissioner  of  labor,  assistant  com- 
missioner of  labor,  factory  inspectors  and  assistants,  an  employment  certifi- 
cate as  herein  prescribed  and  a  list  of  all  such  children  employed.  On  term- 
ination of  the  employment  of  a  child,  such  certificate  shall  be  forthwith  sur- 
rendered by  the  employer  to  the  official  who  issued  the  same.  The  commis- 
sioner of  labor,  assistant  commissioner  of  labor,  factory  inspectors  and 
assistants,  may  make  demand  on  an  employer  when  a  child  apparently  un- 
der the  age  of  16  years  is  employed  or  permitted  or  suffered  to  work  and 
when  such  employer  does  not  have  and  exhibit  the  certificate  as  required 
by  this  section,  that  such  employer  shall  either  furnish  him  within  10  days, 
evidence  satisfactory  to  him  that  such  child  is  in  fact  over  16  years  of  age, 
or  shall  cease  to  employ  or  permit  or  suffer  such  child  to  continue  in  his 
employment.  The  commissioner  of  labor,  assistant  commissioner  of  labor, 
factory  inspectors  and  assistants  and  truant  officers  may  require  from  such 
employer  the  same  evidence  of  age  of  such  child  as  is  required  on  the 
issuance  of  an  employment  certificate;  and  the  employer  furnishing  such 
evidence  shall  not  be  required  to  furnish  any  further  evidence  of  the  age 
of  the  child.  In  case  such  employer  shall  fail  to  produce  and  deliver  within 
ten  days  after  such  demand,  such  evidence  of  age  herein  required  of  him 


68  COMPULSORY    EDUCATION— CHILD    LABOR. 

and  shall  thereafter  continue  to  employ  such  child,  or  permit  or  suffer  such 
child  to  continue  in  his  employment,  proof  of  the  giving  of  such  notice  and 
such  failure  to  produce  such  evidence,  shall  be  prima  facie  evidence  in  any 
prosecution  brought  for  a  violation  of  this  section  that  such  child  is  under 
16  years  of  age,  and  is  unlawfully  employed.     (Chap.  299,  sec.  2,  1907.) 

190.  Duties  of  superintendent  of  schools — An  employment  certificate 
shall  be  issued  only  by  the  superintendent  of  schools,  or  by  some  one  author- 
ized by  him  so  to  do,  or  where  there  is  no  superintendednt  of  schools,  by  the 
chairman  of  the  school  board  or  the  chairman  of  the  board  of  education,  or 
by  a  person  authorized  by  such  chairman;  provided,  that  no  superintendent 
of  schools,  member  of  the  school  board  or  board  of  education  or  other  per- 
son authorized  as  aforesaid,  shall  have  authority  to  issue  such  certificate 
for  any  child  then  in  or  about  to  enter  his  own  employment  or  the  employ- 
ment of  a  firm  or  corporation  of  which  he  is  a  member,  officer  or  employee. 
(Chap.  299,  sec.  3,  1907.) 

191.  Employment  certificate — The  person  authorized  to  issue  an  em- 
ployment certificate  shall  not  issue  such  certificate  until  he  has  received, 
examined,  approved  and  retained  in  his  possession  for  the  inspection  of  the 
public,  the  following  papers  duly  executed:  (1)  The  school  record  of  such 
child,  properly  filled  out  and  signed  as  provided  in  this  act.  (2)  A  duly 
attested  transcript  of  the  birth  certificate,  filed  according  to  law  with  the 
officer  charged  wih  the  duty  of  recording  births  which  shall  be  conclusive 
evidence  of  the  birth  of  such  child.  (3)  The  affidavit  of  the  parent  or 
guardian  or  custodian  of  the  child,  showing  the  place  and  date  of  birth  of 
such  child,  but  such  affidavit  shall  not  be  required  unless  the  last  mentioned 
transcript  of  the  certificate  of  birth  cannot  be  produced,  which  affidavit 
must  be  taken  before  the  officer  issuing  the  employment  certificate,  who  is 
hereby  authorized  and  required  to  administer  such  oath  and  shall  not  de- 
mand or  receive  a  fee  therefor.  Such  employment  certificate  shall  not  be 
issued  until  such  child  has  personally  appeared  before  and  been  examined 
by  the  officer  issuing  the  same  and  until  such  officer  shall,  after  making  an 
examination,  make  and  retain  for  inspection  by  the  public,  a  statement 
that,  in  his  opinion,  the  child  is  14  years  of  age  or  upwards  and  has  reached 
the  normal  development  of  a  child  of  its  age,  and  is  in  sound  health  and  is 
physically  able  to  perform  the  work  which  it  intends  to  do.  In  doubtful 
cases,  such  physical  unfitness  shall  be  determined  by  the  medical  officer 
of  the  board  of  department  of  health.  Every  such  employment  certificate 
shall  be  signed  in  the  presence  of  the  officer  issuing  the  same,  by  the  child 
in  whose  name  it  is  issued;  provided,  however,  that  the  employment  certifi- 
cate herein  provided  for  shall  be  issued  only  to  such  children  as:  (1)  Those 
whose  poverty  or  that  of  their  families  renders  it  necessary  for  them  to 
work  for  their  support  or  that  of  their  families;  (2)  Those  who  can  pro- 
duce a  school  record  answering  the  requirements  provided  for  in  section 
6  of  this  act.     (Chap.  299,  sec.  4,  1907.) 

192.  Description — Such  employment  certificate  shall  state  the  date  and 
place  of  birth  of  the  child,  and  describe  the  color  of  the  hair  and  eyes,  the 
height  and  weight,  and  any  distinguishing  facial  marks  of  such  child,  and 
that  the  papers  required  by  the  preceding  section  have  been  duly  examined, 


COMPULSORY    EDUCATION— CHILD    LABOR  69 

approved  and  retained  for  inspection  by  the  public,  and  that  the  child 
named  in  3uch  certificate  has  appeared  before  the  officer  signing  the  certifi- 
cate and  been  examined.     (Chap.  299,  sec.  5,  1907.) 

193.  School  record — The  school  record  required  by  this  act  shall  be 
signed  by  the  principal  of  the  school  which  the  child  attends,  and  if  there 
is  no  principal,  then  by  the  teacher  of  such  child  in  said  school  and  shall 
be  furnished  on  demand  to  a  child  entitled  thereto.  It  shall  contain  a  state- 
ment certifying  that  the  child  has  regularly  attended  a  parochial  or  private 
school  as  required  by  law  or  has  been  lawfully  excused  therefrom  during  the 
year  previous  to  applying  for  such  school  record  and  is  able  to  read  and 
write  simple  sentences  in  the  English  language,  and  has  received  during  such 
period,  instruction  in  reading,  spelling,  writing,  English  grammar  and  geogra- 
phy and  is  familiar  with  the  fundamental  operations  of  arithmetic,  up  to  and 
including  fractions.  Such  school  record  shall  also  give  the  age  and  residence 
of  the  child  as  shown  on  the  record  of  the  school  and  the  name  of  its  parent 
or  guardian  or  custodian.     (Chap.  299,  sec.  6,  1907.) 

194  Report — The  superintendent  of  schools  and  chairman  of  school 
boards  and  of  the  boards  of  education,  shall  transmit  between  the  first  and 
tenth  day  of  each  month  to  the  office  of  the  commissioner  of  labor  of  the 
state,  a  list  of  the  names  of  the  children  to  whom  certificates  have  been 
issued,  and  any  one  failing  to  transmit  the  list  herein  provided  for,  shall  be 
guilty  of  a  misdemeanor.     (Chap.  299,  sec.  7,  1907.) 

195.  Hour  limit — No  person  under  the  age  of  16  years  shall  be  em- 
ployed, or  suffered,  or  permitted  to  work  at  any  gainful  occupation  more  than 
60  hours  in  any  one  week,  nor  more  than  10  hours  in  any  one  day;  or  before 
the  hour  of  seven  o'clock  in  the  morning  or  after  the  hour  of  seven  o'clock 
in  the  evening,  except  that  on  Saturday  and  for  10  days  prior  to  Christmas, 
such  person  may  be  employed  until  10  o'clock  p.  m.,  but  not  longer  in  any 
day  or  week  than  the  hours  aforesaid.  Every  employer  shall  post  in  a 
conspicuous  place  in  every  room  where  such  minors  are  employed,  a  printed 
notice  stating  the  hours  required  of  them  each  day  of  the  week,  the  hours 
of  commencing  and  stopping  work,  and  the  hours  when  the  time  or  times 
allowed  for  dinner  or  for  other  meals  begin  and  end.  The  printed  form  of 
such  notice  shall  be  furnished  by  the  commissioner  of  labor  of  the  state, 
and  the  employment  of  any  minor  for  longer  time  in  any  day  so  stated 
shall  be  deemed  a  violation  of  this  section.     (Chap.  299,  sec.  8,  1907.) 

196.  Penalty — Whoever  employs  a  child  under  16  years  of  age,  and 
whoever,  having  under  his  control  a  child  under  such  age,  permits  such 
child  to  be  employed  in  violation  of  sections  1,  2,  or  8  of  this  act,  shall,  for 
such  offense,  be  fined  not  more  than  fifty  dollars;  and  whoever  continues  to 
employ  any  child  in  violation  of  any  of  said  sections  of  this  act  after  being 
notified  by  a  truant  officer  or  the  commissioner  of  labor  of  the  state,  shall 
for  every  day  thereafter,  that  such  employment  continues,  be  fined  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars.  A  failure  to  produce  to 
a  truant  officer  or  any  official  of  the  labor  department,  any  employment 
certificate  or  list  required  by  this  act  shall  be  prima  facie  evidence  of  the 
illegal  employment  of  any  person  whose  employment  certificate  is  not  pro- 
duced, or  whose  name  is  not  so  listed.     Any  corporation  or   employer  rd- 


70  COMPULSORY  EDUCATION— CHILD  LABOR. 

taining  employment  certificates  in  violation  of  section  2  of  this  act  shall  be 
fined  ten  dollars.  Every  person  authorized  to  sign  the  certificate  prescribed 
by  section  5  of  this  act,  who  knowingly  certifies  to  any  materially  false 
statement  therein  shall  be  fined  not  more  than  fifty  dollars.  (Chap.  299. 
sec.  9,  1907.) 

197.  Labor  department — Duties — Officials  of  the  labor  department  and 
the  truant  officers  may  visit  all  factories,  mills,  workshops,  mines,  mercantile 
establishments  and  all  other  places  where  labor  is  employed  and  ascertain 
whether  any  minors  are  employed  contrary  to  the  provisions  of  this  act,  and 
they  shall  report  any  cases  of  such  illegal  employment  to  the  school  super- 
intendent or  to  the  chairman  of  the  school  board  or  board  of  education  and 
to  the  commissioner  of  labor  of  the  state.  Officials  of  the  labor  department 
and  truant  officers  may  require  that  the  employment  certificates  and  lists 
provided  for  in  this  act  of  minors  employed  shall  be  produced  for  their 
inspection.  Complaints  for  offenses  under  this  act  may  be  brought  by  any 
official  of  the  state  labor  department,  and  any  one  who  shall  refuse  to 
allow  the  visitation  in  this  section  provided  for,  shall  be  guilty  of  a  mis- 
demeanor.    (Chap.  299,  sec.  10,  1907.) 

198.  Prohibited  occupation — No  children,  under  the  age  of  16  years  shall 
be  employed  at  sewing  belts,  or  to  assist  in  sewing  belts,  in  any  capacity 
whatever;  nor  shall  any  children  adjust  any  belt  to  any  machinery;  they 
shall  not  oil,  or  assist  in  oiling,  wiping  or  cleaning  machinery;  they  shall 
not  operate  or  assist  in  operating  circular  or  band  saws,  wood-shapers, 
wood  joiners,  planers,  sand  paper  or  wood-polishing  machinery,  emery  or 
polishing  wheels  used  for  polishing  metal,  wood-turning  or  boring  machinery: 
stamping  machines  in  sheet  metal  and  tinware  manufacturing,  stamping  ma- 
chines in  washer  and  nut  factories,  operating  corrugating  tools,  such  as  are 
used  in  roofing  factories,  nor  shall  they  be  employed  in  operating  any  steam 
boiler,  steam  machinery  or  other  steam  generating  apparatus,  or  as  pin 
boys  in  any  bowling  alleys;  they  shall  not  operate  or  assist  in  operating 
dough  brakes  or  cracker  machinery  of  any  description;  wire  or  iron  straight- 
ening machinery;  nor  shall  they  operate  or  assist  in  operating  rolling  mill 
maehinery,  punches  or  shears,  washing,  grinding  or  mixing  mill  or  calendar 
rolls  in  rubber  manufacturing,  nor  shall  they  operate  or  assist  in  operating 
laundry  machinery;  nor  shall  they  be  employed  in  any  capacity  in  preparing 
any  composition  in  which  dangerous  or  poisonous  acids  are  used,  and  they 
shall  not  be  employed  in  any  capacity  in  the  manufacture  of  paints,  colors 
or  white  lead;  nor  shall  they  be  employed  in  any  capacity  whatever  in 
operating  or  assisting  to  operate  any  passenger  or  freight  elevator;  nor  shall 
they  be  employed  in  any  capacity  whatever  in  the  manufacture  of  goods  for 
immoral  purposes,  or  any  other  employment  that  may  be  considered 
dangerous  to  their  lives  or  limbs,  or  where  their  health  may  be  injured  or 
morals  depraved;  nor  in  any  theater,  concert  hall,  or  place  of  amusement 
wherein  intoxicating  liquors  are  sold;  nor  shall  females  under  16  years  of 
age  be  employed  in  any  capacity  where  such  employment  compels  them  to 
remain  standing  constantly.  Provided,  that  in  any  action  brought  against 
an  employer  of  any  child  under  16  years  of  age  on  account  of  injuries  sus- 
tained by  the  child  while  so  employed,  if  the  employer  shall  have  obtained 
and  kept  on  file  in  like  manner  as  herein  provided  for  employment  certifi- 


SUPERINTENDENTS.  71 

cates,  an  affidavit  of  the  parent  or  guardian,  stating  in  substance  that  the 
child  is  not  less  than  16  years  of  age,  such  employment  shall  not  be  deemed 
a  violation  of  this  act.  Any  person  employing  any  child  in  violation  of  the 
provisions  of  this  section  shall  be  guilty  of  a  gross  misdemeanor.  (Chap. 
299,  sec.  11,  1907.) 

199.  Physician's  certificate — In  case  any  child  appears  to  be  unable  to 
perform  the  labor  at  which  he  or  she  is  employed,  the  officials  of  the  labor 
department  or  truant  officers  may  require  the  employer  of  such  child  to  pro 
duce  a  certificate  from  some  reputable  practicing  physician  of  the  physical 
fitness  of  the  child  for  such  work,  and  a  child  as  to  whom  such  certificate 
cannot  be  obtained  shall  not  be  employed.  Any  person  refusing  to  produce 
the  certificate  herein  required  upon  demand,  or  who  shall  employ  a  child 
when  a  certificate  has  been  produced  stating  that  such  child  is  physically 
unable  to  work,  shall  be  guilty  of  a  gross  misdemeanor.  (Chap.  299,  sec.  12, 
1907.) 

200.  Act  repealed— Sections  1804  1805,  1806,  1807,  1808,  1809,  1810  and 
1811,  Revised  Laws  1905,  and  all  other  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed.     (Chap.  299,  sec.  13,  1907.)         i 


CHAPTER  XV. 

SUPERINTENDENTS. 


201.  Superintendents — The  general  supervision  of  public  schools  is 
vested  in  a  state  superintendent,  to  be  known  as  the  superintendent  of  pub- 
lic instruction,  county,  city,  and  district  superintendents,  and  the  state  high 
school  board  and  its  inspectors.     (1373) 

(1) 

STATE   SUPERINTENDENT. 

202.  Appointment  and  term — Deputy,  etc. — The  state  superintendent 
shall  be  appointed  by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate,  for  the  term  of  two  years,  beginning  on  the  first  Tuesday  in 
April  following  his  appointment.  Vacancies  in  said  office  shall  be  filled  by 
like  appointment  for  the  remainder  of  the  term.  He  shall  have  an  office 
in  the  capitol,  where  he  shall  file  and  keep  all  papers,  reports,  and  public 
documents  made  or  transmitted  to  him,  and  a  record  of  all  his  official  busi- 
ness. He  shall  appoint  a  deputy,  who  shall  perform  his  duties  when  absent 
or  disabled,  and  at  other  times  such  services  as  he  may  require.  He  may 
employ  other  necessary  assistants  from  time  to  time  and  prescribe  their 
compensation,  not  exceeding,  in  the  aggregate,  the  moneys  appropriated 
therefor.     (1374) 

203.  Salaries  and  expenses — Standing  appropriation — He  shall  receive  a 
salary  of  three  thousand  dollars  per  year,  payable  in  monthly  installments, 
and  his  necessary  expenses  for  travel,  postage,   stationery  and   other  dis- 


72  SUPERINTENDENTS. 

bursements  of  his  office  shall  be  paid  by  the  state;  but  such  expenses  shall 
not  exceed  one  thousand  dollars  in  any  year,  exclusive  of  clerical  help, 
which  shall  not  exceed  sixteen  hundred  dollars  per  annum.  The  salary  of 
the  deputy  superintendent  shall  be  eighteen  hundred  dollars  per  year.  There 
is  hereby  appropriated  annually  out  of  the  treasury,  for  the  payment  of 
salaries  of  the  superintendent  and  his  deputy,  forty-eight  hundred  dollars; 
for  the  expenses  aforesaid,  one  thousand  dollars;  and  for  clerk  hire  sixteen 
hundred  dollars.     (1375) 

204.  To  meet  county  and  other  superintendents — The  state  superintend- 
ent shall  meet  the  several  county  and  other  superintendents  at  such  times 
and  places  in  the  several  judicial  districts  as  he  shall  deem  most  beneficial, 
upon  proper  notice,  for  the  purpose  of  considering  and  discussing  any  mat- 
ters affecting  the  interest  of  the  public  schools.     (1376) 

205.  Report — He  shall  prepare  on  or  before  December  5  of  each  even- 
numbered  year,  and  submit  to  the  legislature,  through  the  governor,  a  re- 
port containing: 

1.  An  abstract  of  the  reports  of  the  several  county  superintendents, 
showing  the  number  of  organized  districts  of  each  class,  the  number  o; 
schools  taught,  and  the  enrollment  and  average  attendance  in  them. 

2.  A  statement  of  the  condition  of  public  schools  and  of  other  institu- 
tions of  learning  reporting  to  him. 

3.  The  amount  of  school  moneys  collected  and  expended  each  year, 
specifying  the  amount  received  from  each  source,  and  the  amount  expended 
for  each  purpose. 

4.  The  names  and  number  of  schools  of  each  class  receiving  state 
aid,  the  number  of  pupils  attending  the  classes  in  each,  and  the  probable 
amount  required  for  such  aid  during  the  next  ensuing  two  years  for  schools 
of  each  class. 

5.  All  matters  relating  to  his  office,  the  public  schools,  the  school  fund, 
the  number  and  character  of  the  teachers,  and  such  other  matters  as  he 
may  deem  expedient.     (1377) 

206.  Blanks  for  school  use — He  shall  prepare  and  distribute,  through 
the  county  superintendents,  school  registers,  blanks  for  all  reports  required 
by  this  title,  record  books  for  district  treasurers  and  clerks,  and  any  other 
blanks  necessary  for  school  business.     (1378) 

207.  Minnesota  Day — There  shall  be  designated  annually  by  proclama- 
tion, by  the  superintendent  of  public  instruction  of  this  state,  by  and  with 
the  consent  of  the  governor,  a  day  between  October  1st  and  May  1st  to  be 
designated  and  known  as  "Minnesota  Day."     (Sec.  1,  c.  81,  1911.) 

208.  Exercises  in  public  schools — On  that  day  all  the  public  schools  of 
this  state  shall  give  special  attention  to  exercises  devoted  to  matters  of  in- 
terest appertaining  to  the  State  of  Minnesota  and  its  geography,  history, 
industries  and  resources.     (Sec.  2,  c  81,  1911.) 


SUPERINTENDENTS.  73 

(2) 

COUNTY   SUPERINTENDENTS. 

203.  Election — Term — A  county  superintendent  of  schools  shall  be  elect- 
ed in  each  county,  who  shall  hold  his  office  for  two  years  and  until  his  suc- 
cessor qualifies.     (599) 

Women  are  eligible  to   the  office  of  county  superintendent. — 33  M.   345. 

210.  Delivery  of  records,  etc. — Every  county  superintendent  on  retiring 
from  office  shall  deliver  to  the  auditor  of  his  county,  for  his  successor,  the 
records  of  his  office  a  list  of  the  clerks  of  all  school  districts  of  the  county, 
with  their  postoffice  addresses,  and  of  all  persons  under  contract  to  teach 
in  the  common  schools,  together  with  all  blanks,  registers,  copies  of  laws. 
and  other  state  or  county  property  in  his  possession;  and  no  auditor  shall 
make  full  payment  of  salary  to  any  such  county  superintendent  until  he  has 
complied  with  the  requirements  of  this  section.     (601) 

211.  Duties — In  addition  to  their  other  duties,  county  superintendents 
shall  visit  and  instruct  each  school  in  their  counties  at  least  once  in  each 
term,  except  those  under  the  immediate  charge  of  a  city  or  district  superin- 
tendent, and  instruct  its  teachers;  organize  and  conduct  such  teachers'  in- 
stitutes as  they  shall  deem  expedient;  encourage  teachers'  associations; 
advise  teachers  and  school  boards  in  regard  to  the  best  methods  of  instruc- 
tion, the  most  approved  plans  for  building,  improving,  and  ventilating  school 
houses,  or  ornamenting  school  grounds,  and  of  adapting  them  to  the  con- 
venience and  healthful  exercise  of  the  pupils ;  stimulate  school  officers  to 
the  prompt  and  proper  discharge  of  their  duties;  receive  and  file  all  reports 
required  to  be  made  to  them;  and  make  a  report  to  the  state  superin- 
tendent, containing  an  abstract  of  such  reports,  a  written  statement  of  the 
condition  and  prospects  of  the  schools  under  their  charge,  and  such  other 
matters  as  they  may  deem  proper,  or  as  may  be  called  for  by  the  state  super- 
intendent.    (1379) 

"Can  a  regularly  employed  teacher  in  a  common  school  also  hold  the  office 
of  county  superintendent  of  schools?"  While  such  double  employment  might 
possibly  be  justified  in  exceptional  cases,  it  is  not  within  the  contemplation  of  law. 
— Childs,  Oct.  8,  1892. 

The  board  of  county  commissioners  may  allow  such  compensation  to  the  ap- 
pointees of  the  county  superintendent  as  it  may  deem  just  and  reasonable,  and 
direct   the   payment   thereof   out    of   the    county   treasury. — Childs,    Feb.    6,    1S96. 

I  am  of  the  opinion  that  the  creation  of  new  districts  inures  to  the  advantage 
of  the  superintendent.  *  *  *  It  may  be  questioned,  however,  whether  the 
superintendent  would  be  entitled,  in  case  of  the  creation  of  a  new  district,  to 
more  than  such  proportionate  part  of  ten  dollars  as  the  time  elapsing  after  the 
commencement  of  a  school  therein  bears  to  the  whole  year. — Childs,  Jan.   14,  1895. 

The  printing  is  left  to  the  discretion  of  the  county  superintendent,  whether 
as  to  the  nature  thereof  or  the  paper  wherein  notices  are  published,  and  the 
printer  by   whom    the    work    is    performed. — Childs,    Jan.    16,    1895. 

212.  Meetings  of  district  officers — The  county  superintendent  may  call 
meetings  of  the  district  officers  of  his  county  at  such  times  and  places  as 
may  be  convenient,  to  remain  in  session  for  one  day,  for  consultation  and 
advice  in  regard  to  school  statistics,  methods  of  organization  of  schools,  and 
other  matters  relating  to  the  educational  interests  of  the  public  schools. 
(1380) 

213.  Records — The  county  superintendent  shall  keep  in  books  provided 
by  the  county  a  record  of  examinations  of  candidates  to  whom  certificates 
are  granted  or  refused,  of  the  date  of  examination,  the  name,  sex  and  age 


74  SUPERINTENDENTS. 

of  each  candidate,  the  grade  of  certificate  granted  and  the  grounds  on  which 
any  certificate  is  refused,  and  a  like  record  of  all  certificates  of  those  teach- 
ing in  his  county,  and  of  such  other  matters  as  may  he  prescribed  by  the 
state  superintendent.     (1381) 

It  is  the  duty  of  the  county  superintendent  to  keep  a  record  of  re-examinations 
and  revocations  of  teachers'  licenses;  and  such  record  is  the  best  and  proper  evi- 
dence of  revocation. — 32  M.  476. 

214.  Records — County  superintendents  of  schools  shall  record  in  their 
office,  in  a  book  provided  by  the  board  of  -county  commissioners  for  such 
purpose,  all  material  facts  concerning  teachers'  certificates  and  diplomas 
presented  for  that  purpose,  and  shall  certify  to  the  holder  of  such  certificate 
or  diploma  that  such  record  has  been  made.     (Chap.  137,  sec.  2,  1905.) 

215.  Blanks — He  shall  forward  to  teachers  and  clerks  all  blanks  and 
circulars  furnished  him  for  their  use,  and  shall  be  guided  generally  by  the 
rules  prescribed  by  the  state  superintendent  and  the  high  school  board. 
(1382) 

216.  Report  to  state  superintendent — He  shall  report  to  the  state  super- 
intendent, on  or  before  September  20  of  each  year,  the  number  of  different 
pupils  of  school  age  enrolled  in  the  schools  of  each  district;  taking  care 
that  no  pupil  is  counted  more  than  once,  and  that  no  one  not  entitled  to 
apportionment  is  included.  This  report  shall  include  tabulated  extracts  from 
the  reports  of  the  teachers  and  clerks,  and  such  other  matters  as  may  be 
called  for  in  the  blanks.     (1383) 

217.  Report  to  auditor — He  shall  in  like  manner,  on  or  before  the  last 
Wednesday  in  October,  file  with  the  county  auditor  an  abstract  of  the  num- 
ber of  pupils  of  school  age  enrolled  in  the  schools  of  each  district,  and  en- 
titled to  be  counted  for  appropriation  (apportionment)  from  the  current 
school  fund,  and  of  months  school  taught  in  each  school  during  such  school 
year.     (1384) 

218.  Failure  to  report — No  warrant  shall  be  drawn  for  the  payment  of 
the  salary  of  the  county  superintendent  for  the  month  of  October  of  any 
year  unless  such  report  to  the  auditor  shall  have  been  filed,  and  proof  made 
of  the  filing  of  such  superintendent's  report  to  the  state  superintendent. 
(1385) 

219.  Deputy  superintendent — Any  superintendent  physically  unable  to 
visit  his  schools  or  conduct  teachers'  examinations  in  proper  time  may  ap- 
point a  deputy  superintendent  for  not  more  than  sixty  days  in  any  year,  to 
be  paid  by  such  county  superintendent.     (1386) 

220.  Assistant  superintendent  in  certain  counties — The  county  superin- 
tendent of  schools,  in  each  county  in  this  state,  having,  or  which  may  here- 
after have,  a  population  of  two  hundred  and  twenty-five  thousand  (225,000) 
inhabitance  [inhabitants]  or  more,  shall  appoint  and  employ  and  [an]  as- 
sistant to  be  known  as  assistant  county  superintendent  of  schools,  who  shall 
be  paid  the  sum  of  fifteen  hundred  ($1,500)  dollars  per  annum,  to  be  paiJ 
monthly  in  the  same  manner  as  other  county  officials  are  paid.  (Chap.  190, 
1905.) 


SUPERINTENDENTS.  75 

221.  May  hold  county  institutes — The  county  superintendent  may  hoi  1 
county  institutes  for  teachers  in  different  parts  of  the  county  not  to  exceed 
five  (5)  such  institutes  in  any  one  (1)  year,  and  the  county  commissioners 
shall  allow  bills  for  personal  expenses  for  said  county  superintendent  in 
holding  such  institutes  not  to  exceed  the  sum  of  fifty  dollars  ($50.00)  in  any 
one  (1)  year.     (Chap.  182,  sec.  2,  1905.) 

A  county  superintendent  is  entitled  to  his  personal  expenses  incurred  in  at- 
tending a  teachers'  training  school,  under  the  provisions  of  chap.  182.  Laws  1905; 
but  such  expenses  should  be  limited  to  conveyance  to  and  from,  place  of  meeting 
and  board  and  lodging  while  in  attendance. — Young,   p.  188. 

A  county  superintendent  is  entitled  to  be  reimbursed  for  his  expenses,  in- 
cluding conveyance,  hotel  and  lodging,  while  attending  teachers'  training  school, 
under  chap.  182,  Laws  1905.— Young,  July,  1906. 

222.  Traveling  expenses  of  county  superintendents — The  county  board 
of  each  county  of  the  State  of  Minnesota  shall  audit  and  if  found  correct 
allow  duly  itemized  and  verified  claims  of  the  county  superintendent  of 
schools  for  actual  and  necessary  traveling  expenses,  incurred  and  paid  by 
him  or  his  assistant  in  the  conduct  of  his  official  duties  as  county  superin- 
tendent of  schools.     (Chap.  33,  1907.) 

The  county  superintendent  and  his  assistants  are  entitled  to  actual  and  neces- 
sary expenses  while  engaged  in  the  discharge  of  their  duties  under  sees.  1348,  1349, 
1376,  1379  and  13S0,  R.  L.  These  expenses  include  hotel,  livery,  keeping  of  teams, 
railway  fare,  etc.,  while  in  attendance  at  teachers'  meetings,  institutes,  training 
schools,  meetings  of  school  officers,  at  places  other  than  where  they  live,  and 
while  attending  meetings  called  by  the  state  superintendent;  but  are  not  entitled 
to  expenses  of  keeping  their  own  teams  at  home  while  not  engaged  in  official 
business.  All  such  expenses  are  to  be  paid  in  addition  to  salary. — Young,  May, 
1907. 

Chapter  33  of  the  Laws  of  1907  repeals  all  legislation,  general  or  special,  as 
to  the  allowance  of  traveling  expenses  of  county  superintendents,  and  therefore 
section  1  of  chapter  182  of  the  Laws  of  1905,  is  expressly  repealed. — Young,  Sept 
23,   1907. 

223.  Salaries  of  county  superintendents — Salaries  of  county  superintend- 
ents, except  as  hereafter  provided,  shall  be  fixed  by  the  county  board,  and 
shall  not  be  less  than  a  sum  equal  to  fifteen  dollars  ($15)  or  twelve  dollars 
and  fifty  cents  ($12.50),  as  herein  provided,  for  each  organized  public  school 
in  the  county,  to  be  reckoned  pro  rata  for  the  year  from  the  time  when  a 
new  school,  organized  in  any  district,  begins.  It  shall  be  fixed  at  not  less 
than  fifteen  dollars  ($15)  for  each  public  school  in  the  county,  until  the 
salary,  reckoned  on  that  basis,  reaches  one  thousand  dollars  ($1,000),  and  in 
counties  where  the  salary,  reckoned  at  fifteen  dollars  ($15)  per  school,  shall 
exceed  one  thousand  dollars  ($1,000)  it  shall  be  reckoned  on  the  basis  of  not 
less  than  twelve  dollars  and  fifty  cents  ($12.50)  for  each  public  school  in 
the  county,  until  the  salary  reaches  two  thousand  dollars  ($2,000),  but  in 
no  county  shall  the  salary,  reckoned  on  the  basis  of  twelve  dollars  and  fifty 
cents  ($12.50)  for  each  school,  be  less  than  one  thousand  dollars  ($1,000). 
Provided,  that  when  one  or  more  school  districts  are  hereafter  discontinued 
in  any  county  as  a  result  of  consolidation,  the  salary  shall  be  reckoned  on 
the  basis  of  the  number  of  schools  before  such  consolidation  was  made.  In 
any  county,  except  as  otherwise  provided  in  this  act,  the  salary  of  the  county 
superintendent  may  be  fixed  by  the  county  board  at  such  sum  higher  than 
two  thousand  dollars  ($2,000)  as  the  county  board  shall  determine. 

The  provisions  of  this  section  shall  apply  to  all  counties  in  this  state 
excepting  (1)  those  having  a  population  of  one  hundred  and  fifty  thousand 
or  more,  in  which  the  salary  of  the  county  superintendent  and  the  appoint- 
ment and  salary  of  his  assistant  shall  remain  as  now  fixed  by  law  referring 


7(5  SUPERINTENDENTS. 

to  such,  counties,  and  (2)  other  counties  where  the  salary  of  county  superin 
tendent  is  now  fixed  by  special  law,  in  which  last  named  counties  the  salary 
of  the  county  superintendent  shall  be  as  fixed  by  such  special  law,  but  all 
other  provisions  of  this  act  shall  apply  to  such  last  named  counties. 

The  term  school  as  used  in  this  act  shall  be  understood  to  mean  a  school 
building  in  which  a  public  school  is  held.     (Sec.  1,  c.  216,  1911.) 

224.  Postage  and  express  bills  to  be  paid  by  county — The  county  board 
of  each  county  shall  pay  itemized  and  verified  bills  for  postage  used  in  offi- 
cial correspondence  and  in  forwarding  official  documents,  express,  telegraph 
and  telephone  charges  in  official  business,  necessary  bills  for  printing  no- 
tices, circulars,  lists  of  questions,  annual  and  term  reports  required  in  the 
proper  grading  of  schools,  or  such  reports  and  classification  records  as  may 
be  required  by  the  state  superintendent,  together  with  necessary  stationery 
in  the  examination  of  teachers  and  pupils  and  for  official  correspondence; 
also  the  local  expenses  in  connection  with  teachers'  institutes  and  training 
schools  and  for  conducting  teachers'  examinations.     (Sec.  2,  c.  216,  1911.) 

225.  Selection  of  assistant  and  fixing  of  salary — In  counties  containing 
not  less  than  seventy-five  nor  more  than  one  hundred  and  twenty-four  schools, 
the  county  superintendent  is  authorized  to  appoint  an  assistant  superintend- 
ent, to  be  paid  by  the  county  at  the  rate  of  three  dollars  a  day  and  neces- 
sary traveling  expenses  for  each  day  of  actual  service,  such  service  to  be 
limited  to  forty  days  in  each  year  and  one  day  additional  for  each  school 
above  seventy-five  and  up  to  one  hundred  and  twenty-four  schools.  In  coun- 
ties having  one  hundred  and  twenty-five  schools,  but  less  than  two  hundred 
and  forty,  the  county  superintendent  shall  appoint  one  assistant,  and  in 
counties  having'  two  hundred  and  forty  schools  or  more,  he  shall  appoint 
two  assistants,  and  the  assistant  or  assistants  shall  give  their  entire  time 
to  their  duties  as  such  assistant  superintendents,  and  shall  serve  during  the 
pleasure  of  the  superintendent.  The  salaries  of  assistants  appointed  to 
serve  for  full  time  shall  be  fixed  by  the  county  board  at  not  less  than  six 
hundred  dollars  ($600)  nor  more  than  fifteen  hundred  dollars  ($1,500)  per 
annum.  Assistants  so  appointed  to  serve  for  full  time  shall  have  had  at 
least  eighteen  months'  experience  in  public  schools,  and  be  the  holders  of 
teachers'  certificates  equivalent  to  diplomas  from  a  Minnesota  normal 
school,  except  that  in  counties  having  two  assistants  it  shall  be  sufficient  if 
one  of  them  possesses  the  teaching  experience  and  the  certificate  herein 
referred  to.  Any  assistant,  at  the  time  of  his  appointment,  may  or  may  not 
be  a  resident  of  the  county  for  which  he  is  appointed.  In  each  case  the 
assistant  county  superintendent  shall  assist  the  superintendent  in  the  per- 
formance of  his  general  duties,  as  directed,  and  report  to  him.  Sec.  3, 
c.  216,  1911.) 

226.  Sections  repealed— Sections  600  and  1387,  Revised  Laws  of  190.", 
and  all  other  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act,  are  hereby  repealed.     (Sec.  4,  c.  216,  1911.) 

(3) 
TOWN    SUPERINTENDENTS. 

227.  Election — Term — Each  organized  town  in  school  districts  contain- 
ing twenty  or  more  townships  shall  elect  at  its  annual  town  meeting  a  town 


HIGH    SCHOOL   BOARD.  77 

superintendent.  His  term  of  office  shall  be  for  one  year  and  until  his  suc- 
cessor qualifies.  His  compensation  shall  be  fixed  by  the  town  meeting,  and 
shall  remain  as  so  fixed  until  changed  by  a  subsequent  meeting,  and  shall 
be  paid  out  of  the  town  funds.     (1388) 

228.  Duties — The  town  superintendent  shall  advise  the  school  board  in 
regard  to  the  location,  erection,  and  repair  of  school  buildings,  the  improve- 
ment of  school  sites,  the  employment  of  teachers,  the  furnishing  of  school 
supplies,  and  all  other  matters  relating  to  the  schools  in  the  town.  He  shall 
look  after  truants,  visit  the  schools,  attend  meetings  of  school  officers  called 
by  the  county  superintendent,  report  from  time  to  time  to  the  school  board 
the  condition  of  schools  in  his  town,  with  such  suggestions  in  regard  to 
their  improvement  as  he  may  deem  proper,  and,  when  authorized  by  the 
school  board,  make  contracts  for  fuel  and  other  necessary  supplies  for  the 
schools  in  his  town,  and  for  ordinary  repairs  for  the  school  houses.     (1389) 

229.  Election  in  special  districts — That  the  superintendent  of  schools 
of  every  special  district  in  this  state  in  which  it  is  provided  that  said  super- 
intendent shall  be  elected  by  the  board  of  education  of  said  special  district 
may  be  elected  at  any  time  notwithstanding  any  provision  in  the  charter  or 
special  act  under  which  such  special  district  was  created  which  requires 
the  election  of  such  superintendent  to  be  had  at  the  first  meeting  after  the 
annual  election  of  members  of  said  board  of  education.  (Chap.  251,  sec.  1, 
1905.) 

230.  This  act  shall  apply  to  all  school  districts  created  under  a  special 
law  of  the  State  of  Minnesota.     (Chap.  251,  sec.  2,  1905.) 


CHAPTER  XVI. 
HIGH    SCHOOL  BOARD. 


231.  Composition — The  state  superintendent,  the  president  of  the  state 
university,  and  the  president  of  the  board  of  normal  school  directors,  ex- 
officio,  and  the  superintendent  or  principal  of  a  high  school,  and  one  other 
person  appointed  by  the  governor  and  confirmed  by  the  senate,  shall  consti- 
tute the  high  school  board.  They  shall  be  entitled  to  their  actual  neces- 
sary expenses,  but  no  compensation.     (1390) 

232.  High  school  board  examinations  extended  to  private  schools  and 
academies — The  board  shall  establish  rules  relating  to  examinations,  re- 
ports, acceptances  of  schools,  and  courses  of  study,  and  other  proceedings 
in  connection  with  high  and  graded  schools  applying  for  special  state  aid, 
and  shall  prescribe  and  enforce  the  maintenance  of  an  optional  English  or 
business  course,  as  equivalent  to  the  preparatory  collegiate  course;  but  tho 
school  board  of  any  district  may  substitute  any  proper  studies  in  place  of 
any  studies  embraced  in  such  course.  Provided,  that  the  privileges  of  the 
state  high  school  board  examinations  shall  be  extended,  under  the  super- 
vision of  the  board,  to  the  private  schools  and  academies  in  this  state  which 


78  HIGH   SCHOOL  BOARD. 

make  application  therefor,  and  the  courses  of  study  and  requirements  for 
graduation  of  which  correspond  in  general  to  that  of  state  high  schools,  and 
which  said  private  schools  and  academies  so  desiring  such  privilege  shall 
submit  to  the  same  rules  and  inspection  with  respect  to  these  examinations 
as  may  be  provided  for  state  high  schools.  (Sec.  1391,  as  amended  by  c.  188, 
1909.) 

233.  Power  of  high  school  board  over  applications — The  high  school 
board  shall  have  full  discretionary  power  to  consider  and  act  upon  appli- 
cations of  high  schools  for  state  aid,  and,  subject  to  the  provisions  of  this 
act,  may  prescribe  the  conditions  upon  which  such  aid  will  be  granted;  and 
it  shall  be  its  duty  to  accept  and  aid  such  high  schools  only  as  will,  in  its 
opinion,  if  aided,  efficiently  perform  the  services  contemplated  by  law;  but 
not  more  than  nine  (9)  schools  shall  be  aided  in  each  county  in  any  one 
year. 

Any  school  accepted  and  conti[n]uing  to  comply  with  the  law  and  reg- 
ulations of  the  board  made  in  pursuance  thereof  shall  be  aided  not  less 
than  two  (2)  years. 

In  case  any  state  graded  school,  as  hereinafter  provided  shall  have 
attained  such  a  degree  of  proficiency  as  to  entitle  it  to  promotion  to  a  high 
school,  and  the  state  high  schools  in  the  county  shall  have  already  reached 
the  number  of  nine  (9),  such  graded  school,  in  the  discretion  of  the  board, 
may  be  so  promoted,  and  take  the  place  of  the  high  school  in  the  county 
first  receiving  state  aid  for  the  period  of  at  least  two  (2)  years;  that  any 
state  high  school  so  deprived  of  state  aid  shall  continue  under  the  super- 
vision of  the  board,  with  all  the  privileges,  except  state  aid,  of  a  preparatory 
school  for  the  University  of  Minnesota.     (Chap.  320,  1905.) 

234.  Records  and  reports — It  shall  keep  a  record  of  all  its  proceedings, 
and  on  or  before  September  1  shall  make  a  report  to  the  state  superintend- 
ent covering  the  previous  year,  and  showing  in  detail: 

1.  All  receipts  and  disbursements,  with  the  source  and  nature  thereof. 

2.  The  names  and  number  of  schools  of  each  grade  receiving  aid,  and 
the  number  of  pupils  attending  each  class  therein. 

To  such  report  it  may  add  such  recommendations  as  it  may  deem  best. 
(1392) 

235.  Appointment  of  inspectors,  assistants,  and  examiners — It  shall  ap- 
point a  high  school  and  a  graded  school  inspector,  and  such  assistant  in- 
spectors and  examiners  a^  may  be  necessary,  and  fix  their  compensation-, 
but  no  person  receiving  a  salary  from  a  state  institution  shall  receive  anv 
compensation  under  this  section,  and  the  pay  of  examiners  shall  not  exceed 
three  dollars  per  day,  or  fifty  cents  per  hour.     (1393) 

236.  Duties  of  inspectors  and  assistants — The  high  school  inspector  or 
an  assistant  shall  visit  and  examine  each  high  school  at  least  once  in  each 
year,  and  carefully  inspect  its  instruction  and  discipline,  and  immediately 
make  a  written  report  thereon.  The  graded  school  inspector  and  his  assist- 
ants shall  perform  like  duties  in  respect  of  graded  schools.     (1394) 

237.  When  county  superintendents  may  make  inspection — Upon  written 
application,  such  board  shall  empower  any  county  superintendent  to  make 


TEACHERS.  79 

like  examinations  of  schools  in  his  county  other  than  high  and  graded.  He 
shall  hold  the  same  relation  to  the  board  as  the  principal  or  superintendent 
of  schools  under  its  supervision,  and  shall  establish  a  regular  and  orderly 
course  of  study,  meeting  the  requirements  of  such  examinations  and  tests. 
Such  course  shall  include  all  the  branches  required  for  a  second  grade  cer- 
tificate, and  such  others  as  may  be  taught  in  the  schools  under  his  super- 
vision.    (1395) 

238.  Assistants — He  may  appoint  assistants,  not  to  exceed  one  for  each 
township,  and  shall  designate  the  points  at  which  such  examinations  are  to 
be  held,  not  to  exceed  one  for  each  township.  The  assistants  shall  report 
the  result  of  the  examinations  to  him,  and  he  shall  in  like  manner  report  to 
the  board.  Such  assistants  shall  be  paid  by  the  county  at  the  rate  of  three 
dollars  per  day  for  the  time  necessarily  occupied  in  such  examinations. 
(1396,  as  amended  by  chap.  341,  1907.) 


CHAPTER  XVII. 

TEACHERS. 


239.  Training — Instrumentalities — For  the  special  training  of  teachers 
for  the  public  schools,  there  are  established:  (1)  Teachers'  institutes; 
(2)  training  schools;   (3)  normal  schools.     (1429) 

240.  Institutes — Duty  of  state  superintendent— The  state  superintend- 
ent shall  provide  for  teachers'  institutes  and  training  schools  in  the  several 
counties  of  the  state,  for  the  instruction  a.id  training  of  teachers  in  pro- 
fessional and  academic  work.  He  shall  designate  the  county  or  counties  for 
which  such  institute   or  training   school   is   to   be   held,  and   the  time   and 

place  of  holding  the  same,  and  assign  instructors  and  lecturers  therefor. 
Each  institute  shall  continue  for  at  least  four  days,  and  each  training  school 
not  less  than  four  nor  more  than  six  weeks.     (1430) 

241.  Duties  of  county  superintendents — The  superintendent  of  each 
county  for  which  such  institute  or  school  is  appointed  shall  give  notice 
thereof  to  the  teachers  of  his  county,  and  shall  attend  and  take  part  in 
the  exercises,  and  make  necessary  arrangements  therefor.     (1431) 

242.  Use  of  school  houses — The  school  board  of  any  district  in  which 
any  institute  or  training  school  is  held  shall  allow  the  free  use  of  any  school 
house  or  schoolrooms  for  that  purpose,  upon  ten  days'  notice  of  selection 
from  the  county  superintendent:  Provided,  that  such  use  shall  not  interfere 
with  the  sessions  of  school.     (1432) 

The  county  superintendent  cannot  arbitrarily  designate  any  school  house  or 
room  he  sees  fit  for  the  examination  of  teachers;  but  he  has  a  right  of  selection 
in  the  first  instance,  and  when  the  school  officers  receive  notice  from  him  of 
such  selection,  if  there  are  good  reasons  why  they  cannot  grant  him  the  use 
of  the  room  selected,  they  must  set  apart  for  him  a  suitable  room  in  a  school 
house  of  the  district.  The  burden,  in  case  of  controversy,  is  upon  the  school  of- 
ficers to  show  compliance  in  good  faith  with  the  statute. — 73  M.   375. 


80  TEACHERS. 

243.  Appropriation  by  counties — The  county  board  of  any  county  for 
which  such  institute  or  training  school  is  appointed  may  appropriate  there- 
for out  of  the  county  revenue  fund  a  reasonable  sum,  to  be  expended  by  the 
county  superintendent.  Within  one  week  after  the  close  of  such  institute 
or  school  the  superintendent  shall  pay  into  the  county  treasury  any  unused 
part  of  such  appropriation,  and  shall  file  with  the  county  auditor  an  itemized 
statement  of  the  disbursement  thereof  with  proper  vouchers.     (1433) 

244.  Schools  may  be  closed — Any  teacher  may  close  his  school  for  the 
purpose  of  attending  any  institute  appointed  for  his  county,  and  he  shall  be 
allowed  to  make  up  the  time  so  lost  upon  presenting  to  the  clerk  of  the 
district  a  certificate,  signed  by  the  county  superintendent,  attesting  said 
teacher's  attendance  at  the  institute.     (1434) 

245.  Standing  appropriation — 'For  the  support  of  institutes  and  train- 
ing schools,  the  sum  of  twenty-seven  thousand  dollars  is  hereby  annually 
appropriated  out  of  the  revenue  fund.  Such  money  shall  be  paid  to  the 
state  superintendent  monthly  upon  expense  accounts,  certified  by  him,  and 
approved  by  the  state  auditor,  and  accompanied  by  proper  vouchers.  Such 
account  shall  show  the  name  of  each  person  rendering  service  or  furnishing 
supplies,  the  nature  of  such  service  and  its  rate,  the  quality,  kind,  and  price 
of  supplies,  and  the  amount  to  which  each  person  is  entitled.  Upon  ap- 
proval of  such  expense  account,  the  state  auditor  shall  draw  his  warrant  on 
the  treasury  for  the  amount  due  thereon  and  may  include  in  such  warrant 
a  further  sum,  not  to  exceed  twenty  per  cent  of  such  account,  for  the  pay- 
ment of  accruing  expenses  in  the  next  succeeding  month.     (1435) 

246.  Qualified  teachers — A  qualified  teacher  is  one  holding  a  certificate 
or  license  to  teach,  as  hereinafter  provided,  in  the  school  or  grade  for  which 
he  is  employed.  Contracts  for  teaching  can  only  be  made  with  qualified 
teachers.  Contracts  made  with  persons  before  obtaining  such  certificates 
or  licenses  shall  only  be  valid  from  the  time  of  obtaining  the  proper  certifi- 
cate or  license.     (1343) 

A  certificate  issued  to  a  teacher  by  a  county  suDerintendent,  duly  qualifies 
the  teacher  +o  teach  in  the  schools  of  the  county  until  revoked,  even  though  the 
law  under  which  it  was  issued  was  repealed,  and  the  contract  of  the  teacher  with 
the   district    is    valid.— 90   M.    111. 

A  contract  bv  a  district  to  hire  a  teacher  who  has  not  procured  the  required 
certificate   is   void.— V>  M.   44S    rGil.   337). 

247.  Hiring  of  teachers — -School  boards  shall  hire  teachers  at  meetings 
called  for  that  purpose.  No  teacher  related  by  blood  or  marriage  to  a 
trustee  shall  be  employed,  except  by  a  unanimous  vote  of  the  full  board. 
The  employment  shall  be  by  written  contract,  signed  by  the  teacher,  and. 
in  common  districts,  by  at  least  two  of  the  trustees;  in  special  and  inde- 
pendent districts,  by  the  chairman  and  clerk.  Such  contract  shall  specify 
the  time  of  employment,  and  the  wages  per  month.     (1344) 

A  teacher  who  has  no  certificate  at  time  of  entering  into  a  verbal  contract, 
but  obtains  one  shortly  after  and  enters  into  a  written  contract  and  teaches  the 
school  for  the  contract  term,  mav  recover  at  the  contract  rate  from  date  of 
written   contract.— 20   M.    72    (Gil.    57). 

A   contract   to  hire   a  teacher  not  having  a  certificate   is   void. — 27   M.    433. 

Where  a  contract  purporting  on  its  face  to  have  been  made  by  the  district 
and  teacher  is  signed  by  the  teacher  and  two  persons  as  director  and  treasurer, 
the  implication  is  that  such  persons  are  the  director  and  treasurer  and  therefore 
two   of  the   board   such    as   are   authorized   to   make   the   contract. — 27   M.    433. 

When  an   order  has  been   legally  issued  to  a   teacher  for  the  amount  due  her. 


TE1ACHERS.  81 

and  has  been  presented  and  payment  demanded  and  refused,  she  may  maintain 
action  against  the  district,  even  though  a  writ  of  mandamus  might  lie  against  the 
treasurer.— 35  M.  309. 

A  contract  between  a  teacher  and  the  trustees  of  a  district  must  be  in  writ- 
ing and  signed  by  such  teacher  and  a  majority  of  the  trustees. — 39  M.  499. 

An  oral  contract  by  a  teacher  with  a  school  board  is  not  valid,  and  no  recovery 
can  be  had  for  services  thereunder. — 77  M.  469. 

The  act  of  a  school  board  whereby  teachers  employed  by  it  were  required  to 
sign  a  contract  consenting  that  a  percentage  of  the  salary  should  be  deducted 
to  provide  annuities  or  pensions  for  teachers  becoming  incapacitated,  is  not 
authorized  by  law,  and  is  void. — 87  M.   130. 

When,  at  request  of  the  board  of  an  independent  district,  a  county  superin- 
tendent issues  to  a  teacher  a  certificate  of  qualification  under  a  statute  then  re- 
pealed, a  contract  with  such  teacher  based  upon  such  certificate  is  valid. — 90  M. 
111. 

The  board  of  trustees  may,  prior  to  the  annual  meeting,  employ  a  teacher  for 
the  ensuing  year  and  bind  the  district  for  the  legal  five  months  and  for  such  further 
time  as  shall  be  fixed  by  the  electors  at  such  meeting. — 93  M.  411. 

If  a  teacher  holds  a  valid  certificate  at  the  time  of  making  a  contract  which 
extends  beyond  the  life  of  the  certificate,  such  contract  is  good,  and  will  remain 
so  as  long  as  the  teacher  is  in  possession  of  a  valid  certificate  and  until  the  con- 
tract expires  by  its  own  terms. — Clapp,  Oct.  12,  1891. 

As  a  general  proposition  the  board  may  discharge  a  teacher  at  pleasure.  It 
is  incumbent  upon  them,  however,  to  see  to  it  that  the  cause  is  good  and  suf- 
ficient, otherwise  the  district  is  not  relieved  of  the  contract  made  with  the 
teacher.  The  only  provision  which  can  possibly  operate  to  deprive  the  board  of 
the  power  of  discharging  a  teacher  is  that  which  authorizes  the  county  superin- 
tendent to  revoke  a  certificate  for  proper  cause.  I  am  of  the  opinion  that  such 
provision  is  not  exclusive.  The  officers  of  the  district  should  possess  the  power 
of  summary  dismissal  if  the  best  interests  of  the  school  so  require.  Oases  may 
arise  where  the  conduct  of  the  teacher  is  flagrantly  immoral  and  corrupting  and 
cading  for  the  most  summary  action  on  the  part  of  the  board.  Certainly,  the 
legislature  did  not  intend  to  so  abridge  the  authority  of  the  board  as  to  render 
them  powerless  in  such  a  case.  These  views  are  fairly  sustained  by  the  follow- 
ing cases:  Boys  vs.  State,  6  Neb.  167;  Smartwood  vs.  Walbridge,  57  Ham.  33; 
Fisk  vs.  Board,  69  Hun,  212;  Tripp  vs.  School  Board,  7  N.  W.  S40.  As  the  teacher 
may  enforce  his  contract  against  the  district,  notwithstanding  his  discharge,  un- 
less justified  by  the  facts,  the  board  should  advise  itself  by  careful  inquiry  in  any 
suitable  manner,  that  a  just  ground  for  discharge  exists. — Childs,   Sept.   21,   1896. 

Teachers  cannot  enforce  verbal  contracts  which  the  law  requires  to  be  in  writ- 
ing.— Douglas,    Jan.   4,    1901. 

A  strict  construction  of  this  section  would  compel  the  conclusion  that  a  legal 
contract  with  a  teacher  cannot  be  made  at  any  time  other  than  at  a  meeting  of 
the  board  called  for  the  purpose;  but  if  there  were  such  a  meeting  at  which  the 
minds  of  the  board  and  the  teacher  met  in  a  verbal  contract,  and  the  contract 
as  so  made  reduced  to  writing  and  signed  afterward  it  would  toe  valid. — Young, 
p.   180. 

A  teacher  who  is  ready  and  -willing  to  perform  the  services  provided1  for  in 
her  contract,  and  who  is  pi  evented  from  doing  so  by  an  epidemic  of  smallpox 
or  any  other  reason,  is  entitled  to  recover  her  wages,  even  though  her  contract 
reads    "for  actual   services   rendered." — Young,    p.    194. 

Under  sees.  1344  and  1326,  R.  L.,  a  teacher's  wages  must  be  paid  by  orders 
drawn  by  the  clerk  upon  the  treasurer.  Such  orders  may  be  discounted  by  the 
teacher,  if  so  disposed,  at  less  than  face  value;  and  if  not  paid  when  presented, 
may  be  reduced  to  judgment  for  the  full  amount  against  the  district.  This  is  the 
teacher's  only  remedy. — Young,   p.   199. 

Teachers  cannot  be  compelled  to  make  up  time  lost  by  reason  of  an  epidemic 
of  disease,  and  the  board  cannot  refuse  to  pay  them  for  such  lost  time;  but  if  the 
teachers  voluntarily  acquiesce  in  an  arrangement  of  the  board  to  make  up  the 
lost  time,   they   cannot  demand   extra  pay. — Young,    p.    204. 

The  board  of  a  common  school  district  cannot  bind  the  district  by  a  contract 
with  a  teacher  for  more  than  five  months;  but  a  contract  for  a  longer  period  will 
be  valid  for  such  five  months,  but  not  for  the  excess,  unless  it  be  ratified  by  the 
district  at  a  \alid  meeting. 

Where  the  teacher  is  hired  verbally  at  the  meeting  of  the  board,  called  for 
that  purpose,  but  the  contract  is  not  reduced  to  writing  and  signed  until  after- 
ward, the  contract  is  valid  under  sec.   1344,   R.   L. 

A  contract  made  with  a  teacher  who  holds  a  valid  certificate,  but  who  ha.s 
not  filed  it  for  record  at  the  time  the  contract  is  made,  and  who  files  it  after- 
ward, is  valid  under  chap,  137,  Laws  1905.  However,  if  the  board  should,  during 
the  interval  between  such  contract  and  the  filing  of  such  certificate,  employ  an- 
other teacher  who  has  filed  her  certificate,  the  latter  would  prevail.  However, 
teachers  should  file  their  certificates  before  entering  into  contracts. — Young,  June, 
1906. 

Under  sec.  1344,  R  L.,  a  school  board  cannot  legally  employ  a  teacher  who 
is  related  by  marriage  to  one  of  its  members;  and  this  applies  to  the  board  of  a 
special  district  under  chap.  156,  sec.  20,  Special  Laws  of  1878. — Young,  August, 
1907. 

A  school  board  having  voted  to  hire  a  teacher,  a  member  who  has  voted  on 
the  question  can  change  his  vote  at  the  next  regular  or  special  meeting  of  the 
board,  the  meeting  being  regularly  called,  and  the  matter  being  properly  before 
it,  providing  that  no  written  contract  has  been  made  and  entered  into  between 
the  district  and  a  qualified  teacher.     In  other  words,  if  the  district  as  such  is  not 


S2  TEACHERS. 

bound  by   the  previous   action  and   a  valid   contract   entered   into,   there  can   be   no 
objection  to  a  reconsideration. — Simpson,  March  11,  1909. 

When,  at  request  of  the  board  of  an  independent  district,  a  county  superin- 
tendent issues  to  a  teacher  a  certificate  of  qualification  under  a  statute  then  re- 
pealed, a  contract  with  such  teacher  based  upon  such  certificate  is  valid. — 90  M. 
111. 

The  board  of  a  common  district  may,  prior  to  the  annual  meeting',  employ  a 
teacher  for  the  ensuing  year  and  bind  the  district  for  the  legal  five  months  and 
for  such  further  time  as  shall  be  fixed  by  the  electors  at  such  meeting. — 93  M. 
411. 

The  board  of  trustees  of  a  school  district  may,  prior  to  the  regular  annual 
election  held  in  July,  employ  a  teacher  for  the  ensuing  year,  and  bind  the  dis- 
trict not  only  for  the  period  of  five  months  required  by  law,  but  during  such 
further  time  as  may  be  fixed  or  established  by  the  electors  at  such  mieeting. — 
Norton  vs.  Wilkes,  93  M.  411. 

A  qualified  teacher  hired  at  a  meeting  of  the  board,  properly  called  for  that 
purpose,  whose  contract  is  signed  by  two  members  of  the  board,  has  a  legal 
teacher's   contract.— Simpson,   March   30,    1909. 

In  the  absence  of  an  express  provision  in  the  contract  with  a  teacher,  so 
specifying,  it  is  not  obligatory  upon  the  teacher  to  do  the  janitor  work  of  the 
school  house. — Simpson,  Jan.   6,  1910. 

It  is  the  duty  of  the  school  board  to  see  that  all  necessary  matters  are  at- 
tended to,  in  order  that  the  schools  of  the  district  may  accomplish  the  nuxpose 
for  which  they  are  instituted,  under  the  general  power  vested  in  the  board,  and 
where  the  matter  is  not  mentioned  in  the  teacher's  contract,  and  tnere  Tias  been 
no  oral  understanding  that  the  teacher  should  act  as  janitor,  it  is  the  imperative 
duty  of  the  board  to  furnish  a  janitor  to  sweep  the  school  rooms,  build  the  fires, 
and  keep  the  rooms  in  suitable  condition  for  school  purposes. — 'Simpson,  Dec.  is 
1909. 

The  statute  provides  that  (sec.  1344,  R.  L.  1905)  "No  teacher  related  by  blood 
or  marriage  to  a  trustee  shall  be  employed,  oxcept  by  a  unan.mour  vote  of  the 
full  board."  Therefore,  every  member  of  the  board  must  vote  in  favor  of  the  em- 
ployment of  such  a  teacher,  to  make  the  contract  of  employment  valid,  and  if  a 
member  of  the  board  attends  the  meeting  and  does  not  vote,  or  is  not  present  at 
the  meeting,  and  consequently  does  not  vote  in  favor  of  the  employment,  the  con- 
tract would  not  be  legal,  and  if  a  teacher  related,  by  blood  or  marriage,  to  a  trustee, 
has  a  contract,  where  the  employment  has  not  been  voted  for  by  each  member  of 
the  board,  even  though  the  teacher  should  actually  render  services  in  teaching,  he 
oould  not  collect  pay  for  the  same. — Young,   Sept.    8,   190S. 

If,  in  the  exercise  of  sound  judgment  and  discretion,  a  school  board  determines 
that  indulging  in  certain  pastimes  outside  of  school  hours,  by  teachers,  is  detri- 
mental to  the  work  of  the  school,  it  will  be  competent  for  the  board  to  make  a  rule 
forbidding  such  indulgence,  on  evenings  succeeding  school  days.  If.  under  all 
the  facts  and  circumstances,  such  a  rule  and  regulation  is  a  reasonable  one,  and 
the  action  of  a  teacher  in  violating  such  rule  is  detrimental  to  the  best  interests 
of  che  school,  then  such  failure  to  comply  with  the  rule  and  regulation  would  be 
a  ciuse  for  removal  of  such  teacher,  though  the  question,  in  each  particular  case, 
as  to  tne  reasonableness  of  the  rule,  might  ultimately  have  to  be  passed  upon  by 
the   eourt. — Simpson,   Nov.   4,  1909. 

School  boards  and  boards  of  education  in  independent  districts  have  the  right 
lo  grant  their  teachers  permission  to  close  their  schools  without  loss  of  pay,  for 
the  purpose  of  attending  a  state  teachers'  convention. — Simpson,   May  8,   1909. 

T*ie  statute  contemplates  the  payment  of  teachers'  wages  at  the  end  of  each 
montn  s  services,  and  there  is  no  authority  for  a  school  board  retaining  the  month- 
ly wages  of  teachers  two  weeks  after  the  end  of  the  month. — Simpson,  Oct.  i5, 
1909. 

Section  4237,  R.  L.  1905,  provides  that  "The  salary  or  wages  of  any  officer 
or  pei sun  employed  by  a  county,  town,  city,  village  or  school  district,  or  by  any 
department  thereof,  shall  be  liable  to  garnishment,  attachment  and  execution  ex- 
cept £a   exempted  by  law." — Simpson,    Feb.    25,    1909. 

248.  Keeping  of  Registers — Every  teacher  shall  keep  a  register,  fur- 
nished Dy  the  clerk,  showing  the  daily  attendance  of  each  pupil,  and  such 
other  matters  as  may  be  required  in  such  register.  He  shall  also  keep  such 
record  of  deportment  and  scholarship  as  may  be  required  by  the  board.  The 
register  shall  show  the  names  and  ages  of  all  pupils,  the  names  and  num- 
ber of  days'  attendance  of  all  pupils  between  the  ages  of  five  and  eight 
years,  between  eight  and  fifteen  years,  and  between  fifteen  and  twenty-one 
years,  and  +he  names  of  all  paying  tuition.  In  common  districts  tne  teacher 
shall  return  such  register  properly  kept  to  the  clerk  within  ten  days  after 
the  close  of  the  first  term  of  the  school  year.     (1345) 

249.  Teachers'  report — Such  teacher  shall,  within  the  same  time,  make 
his  report  to  the  county  superintendent  upon  blanks  furnished  by  the  super- 


EXAMINATIONS    AND    CERTIFICATES.  83 

intendent  through  the  clerk,  giving  the  names  in  full  of  all  pupils  enrolled, 
with  the  number  of  days'  attendance  of  each,  checking  with  a  cross  (X) 
the  names  of  all  under  six,  over  twenty-one,  or  paying  tuition,  and  the 
names  so  checked  shall  not  be  counted  for  apportionment.  Within  like 
time  after  the  close  of  each  succeeding  term,  he  shall  make  a  further  re- 
port, showing  in  like  manner  all  additional  enrollments  during  such  term, 
the  number  of  days  that  each  pupil  has  attended  in  such  term,  and  such 
other  matters  as  may  be  called  for  in  the  blanks.  The  superintendent  shall 
receipt  for  such  reports.  No  order  shall  be  issued  for  the  payment  of  the 
wages  of  any  teacher  while  he  is  in  default  in  making  such  reports  or  in 
returning  his  register.  In  joint  districts  a  report  shall  be  made  to  the  super- 
intendent of  each  county,  showing  the  county  in  which  each  pupil  resides. 
The  teachers  and  principals  in  other  districts  shall  make  such  reports  as 
may  be  required  by  law  or  the  rules  of  the  board,  under  like  penalty.     (1346) 


CHAPTER  XVIII. 


EXAMINATION  AND  CERTIFICATES. 
COMMON    SCHOOL    EXAMINATIONS    AND    CERTIFICATES. 

250.  Teachers'  certificates — There  shall  be  five  grades  of  regular 
teachers'  certificates:  Third  grade,  second  grade,  first  grade,  second  grade 
professional,  and  first'  grade  professional.  No  certificate  shall  be  granted 
except  on  satisfactory  proof  of  professional  ability  and  moral  character. 
Provided,  that  the  state  superintendent  of  public  instruction  may  in  his 
discretion  issue  certificates  of  qualification  without  examination  to  persons 
who  have  taught  in  public  schools  of  this  state  for  five  or  more  years,  upon 
their  filing  with  said  superintendent  of  public  instruction  a  written  applica- 
tion approved  by  the  board  of  education  or  school  trustees,  together  with 
the  city  superintendent  or  county  superintendent,  under  which  said  applicant 
shall  have  taught  the  greater  part  of  five  years  preceding  the  date  ot 
application.     (1357) 

251.  Limited  second  grade  certificates — Limited  second  grade  cerifi- 
cates,  good  for  one  year,  may  be  given  by  the  county  superintendent  to 
persons  without  experience,  not  less  than  seventeen  years  of  age,  who 
have  passed  the  required  examination.     (1363) 

252.  Third    grade   certificates — Third   grade   certificates   may   be  given 
by  the  county  superintendent  when  he  deems  it  necessary,  upon  his  own 
examination,   for  a  term  of  one  year,   in   a  designated   district  or   school 
Such  certificate  shall  not  be  renewed  without  re-examination,  and  no  teacher 
shall  receive  more  than  two  such  certificates  in  the  same  county.     (1358) 

253.  Second  grade  certificates — Second  grade  certificates  shall  be  given 
to  persons  otherwise  qualified,  not  less  than  eighteen  years  of  age,  and 
of  at  least  five  months'  successful  experience  in  teaching.  Such  certificates 
shall  be  signed  by  the  state  and  county  superintendent,  and  shall  be  valid 
for  two  years  in  the  county  designated,  and  in  any  other  county  upon  in- 
dorsement by  the  county  superintendent  thereof.     (1359) 


84  EXAMINATIONS    AND    CERTIFICATES. 

254.  First  grade  certificates — First  grade  certificates  shall  be  given 
to  persons  otherwise  qualified,  and  of  at  least  eight  months'  successful 
experience  in  teaching.  Such  certificate  shall  be  signed  by  the  state  and 
county  superintendents,  and  shall  be  valid  for  five  years  in  any  county' of 
the  state,  upon  presentation  thereof  to  the  county  superintendent  of  such 
county.     (1360) 

255.  Teachers'  examinations — The  county  superintendent  shall  hold  at 
least  two  examinations  a  year  in  •convenient  places  in  his  county,  upon  such 
notice  as  may  be  prescribed  by  the  state  superintendent.  The  time  of  such 
examinations  shall  be  fixed  by  the  state  superintendent,  and  shall  be  uni- 
form throughout  the  state,  and  shall  determine  the  educational  qualification 
of  applicants  for  teachers'  certificates.  The  school  board  of  any  district 
in  which  any  such  examination  is  appointed  shall  allow  the  free  use  of  any 
schoolhouse  or  schoolrooms  for  that  purpose,  upon  ten  days'  notice  of 
selection  from  the  county  superintendent.     (1348) 

256.  Expenses  of  examinations,  etc. — The  local  expenses  of  such  exam- 
inations shall  be  paid  by  the  county  in  which  they  are  held;  the  expense 
incurred  by  the  state  superintendent  under  the  provisions  of  this  chapter, 
not  to  exceed  twenty-five  hundred  dollars  per  year,  shall  be  paid  out  of  the" 
fund  for   conducting  teachers'  institutes.      (1356) 

257.  Branches  of  examination — All  applicants  for  certificates  shall  be 
examined  in  the  following  branches:  Reading,  spelling,  writing,  arithmetic, 
grammar,  United  States  history,  composition,  geography,  physiology,  civil 
government  and  practical  hygiene.  Applicants  for  a  first  grade  certificate 
shall  also  be  examined  in  elementary  algebra,  plane  geometry,  physical 
geography,  and  physics;  but  the  state  superintendent  may,  in  his  regula- 
tions, designate  other  branches  that  may  be  taken  in  lieu  of  physical 
geography,  physics,  and  plane  geometry,  at  the  option  of  the  applicant 
Applicants  for  any  grade  may,  at  their  option,  be  examined  in  music,  draw- 
ing, and  such  languages  as  may  be  prescribed  by  the  state  superintendent. 
Applicants  for  special  certificates  shall  be  examined  in  all  the  branches 
required  for  second  grade  certificates,  and  in  such  other  branches  as  they 
wish  to  be  specially  authorized  to  teach.     (1350) 

258.  Conduct  of  examinations — Such  examinations  shall  be  public,  and 
shall  be  conducted  by  the  county  superintendent,  or  by  persons  appointed  by 
him,  strictly  according  to  the  regulations  prescribed  by  the  state  superin- 
tendent. An  affidavit  may  be  required  of  persons  conducting  such  exam- 
inations that  they  have  been  conducted  fairly  and  according  to  such  regula- 
tions. Teachers  taking  part  therein  may  dismiss  their  schools  for  not  to 
exceed  two  days  in  each  year  without  loss  of  time.     (1349) 

Superintendent  of  public  instruction  is  authorized  to  appoint  such  qualified  ex- 
aminers of  county  teachers'  papers  as  in  his  discretion  are  deemed  necessary,  but 
such  examiners  must  act  under  his  direct  supervision. — Douglas,  Aug.   4,   1899. 

Teachers'  Examinations. — Two  examinations  each  year  must  be  held  in  each 
county  on  different  dates  to  be  fixed  by  superintendent  of  public  instruction. — 
Douglas,  May  25,  1899. 

259.  Marking  on  examination — The  written  answers  for  the  scholastic 
examination  shall  be  read  and  marked  under  the  direction  of  the  state 
superintendent.     Markings  for  the  professional  requirements  shall  be  given 


EXAMINATIONS    AND    CERTIFICATES.  85 

by  the  county  superintendent,  who  shall  also  be  the  judge  of  skill  in  teach- 
ing and  moral  character  of  applicants.     (1351) 

Superintendent  of  public  instruction  may  limit  first  and  second  grade  teachers' 
certificates  to  one  year,  in  certain  instances. — Douglas,  Aug.  24,  1899. 

260.  High  and  normal  school  certificates  may  be  accepted  when — 
Certificates  from  state  high  or  normal  schools,  showing  a  standing  of  not 
less  than  seventy-five  per  cent,  may  be  received  by  the  state  superintendem, 
under  such  conditions  as  he  may  prescribe,  in  place  of  such  examination. 
(1352) 

261.  Renewal  and  validity  of  certificates — First  and  second  grade 
certificates  may  be  renewed  as  prescribed  by  the  state  superintendent,  and 
shall  be  valid  in  all  grades  below  the  high  school  unless  the  school  board 
of  any  district,  by  formal  action,  decide  otherwise,  and  except  as  otherwise 
expressly  provided  in  this  chapter.     (1362) 

262.  Appeals — Any  person  to  whom  a  certificate  is  refused  may, 
within  ten  days  from  the  receipt  of  notice  of  refusal,  appeal  to  the  state 
superintendent,  and,  when  such  refusal  is  for  failure  to  pass  the  scholastic 
examination,  he  may  on  appeal  have  his  papers  reviewed  and  marked  by 
the  instructors  in  the  corresponding  branches  of  the  state  university,  and 
such  review  and  marking  shall  be  final.     (1364) 

PROFESSIONAL  EXAMINATIONS  AND   CERTIFICATES. 

263.  Professional  certificates — Permanent  teachers  of  high  character 
and  successful  experience  may  be  granted  first  grade  professional  certifi- 
cates, upon  passing  the  examination  of  furnishing  the  evidence  hereinafter 
provided  for  such  certificates.  Such  certificate  shall  authorize  the  holder 
to  teach  in  any  school  in  the  state,  upon  presenting  the  same  to  the  superin- 
tendent having  supervision  of  such  school,  and  shall  remain  in  force  as  long 
as  its  holder  is  engaged  in  educational  pursuits,  but  shall  be  void  after  he 
shall  cease  for  three  years  so  to  do,  unless  it  be  renewed  by  indorsement  of 
the  state   superintendent.      (1366) 

264.  State  examinations — State  examinations  for  professional  certifi- 
cates shall  be  held  by  the  state  superintendent,  or  by  a  committee  of  three 
competent  teachers  appointed  by  him,  at  such  times  and  places  as  he  mav 
direct.     (1353) 

265.  Subjects  for  Examination — Such  examinations  shall  include,  in 
addition  to  the  branches  required  for  a  first  grade  certificate,  the  following: 

1.  Educational  science,  including  (1)  history  of  education,  (2)  psychol- 
ogy, (3)  general  pedagogy,  and  (4)  school  organization  and  law. 

2.  Mathematics,  including  (1)   higher  algebra,   (2)    solid  geometry,  and 

(3)  trigonometry,  plane  and  spherical. 

3.  English,  including  (1)  English  and  (2)  American  literature,  and  (3) 
rhetoric. 

4.  History,  (1)   ancient  (to  A.  D.  800),   (2)   mediaeval,  (3)  English,  and 

(4)  American. 

5.  Science,  including  botany,  chemistry,  physics,  geology,  and  physi- 
ography, astronomy,  zoology  and  political  science,     (1354) 


86  EXAMINATIONS    AND    CERTIFICATES. 

266.  Second  grade  professional  certificates — A  second  grade  profes- 
sional certificate  may  be  granted  to  any  such  teacher  who  passes  a  success- 
ful examination  on  all  the  branches  included  in  subdivision  1,  and  in  six 
branches  included  in  the  other  subdivisions  of  section  1354,  to  be  selected 
by  him.     (1367) 

267.  First  grade  professional  certificates — A  first  grade  professional 
certificate  may  be  granted  to  any  such  teacher  who  passes  a  satisfactory 
examination  in  all  the  branches  of  subdivision  1,  in  two  of  those  in  each 
of  subdivisions  2  and  3,  and  in  three  of  those  in  each  of  the  other  sub- 
divisions of  §1354,  or  furnishes  the  evidence  of  qualification  made  equiva- 
lent to  such  examination.     (1368) 

268.  Professional  permits — The  state  superintendent  may  grant  to 
teachers,  who  lack  not  more  than  three  of  the  branches  required  for  a  pro- 
fessional certificate,  professional  permits  good  for  one  year,  which  shalJ 
confer  during  such  time  the  same  authority  to  teach  as  a  professional  certi- 
ficate.    (1370) 

269.  Certificate  and  diploma  in  place  of  examination — A  first  grade 
state  certificate,  and  a  diploma  from  the  academic  department  of  a  reputable 
college  or  university,  with  proof  of  one  year's  successful  teaching  in  this 
state,  shall  be  accepted  in  place  of  an  examination  in  all  such  branches. 
(1355) 

270.  Validation  of  certificates  from  state  university — Certificates  of 
graduation  from  the  state  university  issued  to  graduates  of  the  college 
of  education  and  to  those  graduates  from  its  college  of  science,  literature 
and  art  (or  its  college  of  agriculture),  who  have  taken  specified  courses  in 
the  college  of  education,  shall  be  valid  as  first  grade  professional  certificates 
for  two  years  from  their  date,  and  at  the  expiration  of  two  years  of  actual 
successful  teaching,  such  certificates,  endorsed  by  the  president  of  the  uni- 
versity and  the  state  superintendent,  shall  have  the  force  of  permanent 
first  grade  professional  certificates.  (Sec.  1361,  R.  L.  1905,  as  amended 
by  sec.  1,  c.  455,  1909.) 

271.  From  state  normal  schools  or  department  of  agriculture. — Diplomas 
issued  to  graduates  of  the  state  normal  schools  (or  of  the  teachers'  course 
in  the  department  of  agriculture  of  the  state  university)  shall  be  valid  as 
first  grade  certificates  for  two  years  from  their  date,  and  at  the  expiratio1) 
of  two  years  of  actual,  successful  teaching,  such  diplomas,  endorsed  by  the 
president  of  the  school  granting  them,  and  the  state  superintendent,  shall 
have  the  force  of  first  grade  certificates  for  life.  (Sec.  1361,  R.  L.  1905,  as 
amended  by  sec.  2,  c.  455,  1909.) 

272.  Elementary  diplomas — Elementary  diplomas  granted  by  a  state 
normal  school  upon  the  completion  of  such  portion  of  the  course  of  study 
as  may  be  prescribed  therefor  by  the  normal  school  board,  shall  be  valid 
as  first  grade  certificates  for  the  period  of  three  years  from  their  date, 
and  shall  not  be  renewable;  except  that  any  holder  of  such  an  elementary 
diploma  may  have  the  force  and  effect  thereof,  as  such  first  grade  certifi- 
cate,  extended   for  a  further  period  of  three  years,   by  the   completion   o.F 


EXAMINATIONS    AND    CERTIFICATES.  87 

an  additional  one  year  of  work  in  a  Minnesota  state  normal  school,  and  the 
certificate  of  endorsement  thereon  by  the  president  of  such  school  and 
the  state  superintendent;  provided,  that  the  provisions  of  this  section  shall 
not  apply  to  persons  now  holding  Minnesota  elementary  normal  school 
diplomas,  nor  to  any  student  heretofore  enrolled  in  a  Minnesota  state 
normal  school  who  shall  be  graduated  prior  to  September  1,  1911.  (Sec. 
1361,  R.  L.  1905,  as  amended  by  sec.  3,  c.  455,  1909.) 

273.  To    be    endorsed    by    superintendent    of    public    instruction — The 

holders  of  certificates  from  the  state  normal  schools,  showing  the  completion 
of  two  years  of  prescribed  work  in  such  schools,  shall  be  entitled  to  have 
such  certificates  endorsed  by  the  superintendent  of  public  instruction  and 
thereby  given  the  full  force  and  effect  of  a  second  grade  certificate. 

Section  1369  of  the  Revised  Laws  of  1905  is  hereby  repealed.  (Sec. 
1361,  R.  L.  1905,  as  amended  by  sees.  4  and  5,  c.  455,  1909.) 

274.  County  superintendent  may  suspend  teacher — Teacher  may  appeal 
to  state  superintendent — Other  procedure — Any  county  superintendent  of 
schools  may,  for  any  of  the  causes  mentioned  in  Section  2  hereof,  upon 
his  own  authority  or  upon  written  complaint  of  any  school  board  of  his 
county,  and  after  serving  notice  on  the  teacher  of  the  grounds  of  com- 
plaint, and  after  an  opportunity  for  the  teacher  to  make  defense,  suspend 
such  teacher's  authority  to  teach   in  any  public   school   in  the   county. 

The  teacher  whose  certificate  is  thus  suspended  may  appeal  to  the  state 
superintendent  within  ten  days  after  receipt  of  notice  of  the  suspension  of 
the  certificate.  The  state  superintendent  shall  either  confirm,  modify  or 
reverse  such  suspension,  and  may  order  that  the  suspension  shall  apply 
against  teaching  in  any  public  school  in  the  state,  or  may  revoke  the 
certificate,  and  his  action  shall  be  final.  In  case  the  superintendent  shall 
refuse  to  suspend  a  teacher's  certificate  upon  complaint  of  the  school  board 
employing  such  teacher,  the  board  may  appeal  in  like  time  and  manner, 
and  upon  such  appeal  the  state  superintendent  may  annul  the  teacher'? 
authority  to  teach,  by  a  suspension  or  revocation  of  such  teacher's  certificate, 
after  serving  notice  on  the  teacher  of  the  grounds  of  complaint,  and  after- 
opportunity  for  the  teacher  to  make  defense,  and  his  action  in  the  premises 
shall  be  final. 

The  county  superintendent  shall  file  with  the  clerk  of  the  school  board 
and  the  state  superintendent  a  statement  of  the  suspension  of  any  teacher's 
certificate,  with  his  reason  for  such  action,  and  deliver  a  copy  of  such  state- 
ment to  the  teacher,  whose  authority  to  teach  in  such  county  shall  cease  in 
ten  days  from  the  service  of  such  statement  on  said  teacher,  unless  an 
appeal  is  taken,  as  herein  provided.     (Sec.  1,  c.  96,  1911.) 

275.  Causes  for  revocation  or  suspension — Sections  repealed — The  fol- 
lowing shall  be  considered  as  causes  for  the  revocation  or  suspension  of  a 
teacher's  certificate: 

(a)  Immoral  character  or  conduct  unbecoming  a  teacher. 

(b)  Failure,  "without  justifiable  excuse,  to  teach  for  the  term  of  his 
contract,  without  first  securing  the  written  release  of  the  school  board. 

(c)  Inefficiency  in   teaching  or  in  the  management  of  a  school. 

(d)  Affliction  with  active  tuberculosis  or  some  communicable  disease 


88  STATE   UNIVERSITY. 

shall  be  considered   as   cause   for   the   suspension   of   certificate,    while    the 
holder  thereof  is  suffering  from  such  disability. 

Sections  1 3 65  and  1371  of  the  Revised  Laws  of  1905  are  hereby  repealed. 
(Sees.  2  and  3,  c.  196,  1911.) 

276.  Special  certificates — The  state  superintendent  may  grant  special 
certificates  authorizing  the  holder  to  teach,  in  high  or  graded  schools, 
music,  drawing,  any  specified  language,  or  other  special  branch  or  branches, 
either  for  a  term  of  years  or  for  life,  to  teachers  passing  satisfactory  ex- 
amination in  the  branches  required  for  a  second  grade  certificate  and  the 
special  branch  or  branches  which  such  teacher  is  authorized  to  teach. 
Such  certificate  shall  be  granted  for  life  only  upon  proof  of  at  least  two 
years'  successful  experience  in  teaching  such  branch  or  branches,  but  the 
holder  of  a  limited  special  certificate  may,  upon  proof  of  such  successful 
teaching,  without  further  examination,  be  granted  a  special  life  certificate 
for  such  branch  or  branches.     (1372) 

277.  Qualified  teachers;  who  are — No  person  shall  be  accounted  a 
qualified  teacher  in  any  common  school  district  within  the  meaning  of 
the  school  law,  until  such  person  has  filed  for  record  with  the  county  super- 
intendent of  schools  of  the  county  where  such  person  intends  to  teach, 
a  certificate  or  diploma  or  certified  copy  of  either  authorizing  such  person 
to  teach  school  in  such  county.     (Chap.  137,  sec.  1,  1905.) 

278.  Records  of  certificates  and  diplomas — County  superintendents  of 
schools  shall  record  in  their  office  in  a  book  provided  by  the  board  of  county 
commissioners  for  such  purpose,  all  material  facts  concerning  teachers' 
certificates  and  diplomas  presented  for  that  purpose  and  shall  certify  to  the 
holder  of  such  certificate  or  diploma  that  such  record  has  been  made.  (chap. 
137,  sec.  2,  1905) 

If  a  teacher  has  a  valid  certificate,  she  may  enter  into  a  contract  to  teach  before 
the  filing  of  the  certificate  and  file  her  certificate  afterward,  under  Chap.  137,  Laws 
1905;  but,  if  the  board  should  make  a  contract  with  another  teacner  who  had  filed 
her  certificate  before  the  first  one  filed  hers,  the  contract  with  the  latter  would 
prevail  as  against  the  first  one  who  had  neglected  to  file.  However,  teachers,  for 
their  own  protection,  should  be  careful  to  file  their  certificates  before  making  a 
contract  to  teach. — Young,  p.  180. 


CHAPTER   XIX. 

STATE   UNIVERSITY. 


279.  Board  of  regents — The  government  and  general  educational  man- 
agement of  the  state  university  is  vested  in  a  board  of  twelve  regents, 
consisting  of  the  governor,  the  state  superintendent,  the  president  of  the 
university,  ex-officio,  and  nine  other  regents  appointed  by  the  governor  by 
and  with  the  advice  and  consent  of  the  senate.  Such  board  shall  be  a  body 
corporate  under  the  name  of  the  University  of  Minnesota.  It  shall  have  a 
common  seal  and  alter  the  same  at  pleasure.     (3904-3905) 

The  Board  of  Regents  of  the  University  cannot  make  promissory  notes  in  tho 
commercial  sense,  but  may  make  contracts  for  erecting  buildings  and  give  written 


STATE   UNIVERSITY.  89 

evidence  of  debt  incurred  therein,  payable  at  a  future  day,  out  of  the  fund  pro- 
vided by  the  legislature;  and  judgments  may  be  brought  against  the  board  for  such 
debts,  but  such  judgments  bind  only  the  fund  on  the  faith  of  which  the  credit  was 
given.  All  persons  dealing  with  the  regents  must  take  notice  of  their  powers.  The 
title  to  all  lands  reserved  by  Congress  for  the  use  and  support  of  the  university, 
and  of  all  property,  real  and  personal,  acquired  by  the  regents,  with  the  fund  placed 
at  their  disposal,  is  in  the  state. — 7  M.  61  (Gil.  45). 

University  of  Minnesota — The  Board  of  Regents  of  the  State  University  are  by 
Sec.  4,  Art.  S,  of  the  constitution,  and  by  Sec.  1470,  R.  L.  1905,  constituted  a  body 
corporate  under  the  name  of  the  University  of  Minnesota. 

Board  of  Regents — Such  board  is  by  law  exclusively  vested  with  the  manage- 
ment of  all  the  educational  affairs  of  the  institution,  and  the  courts  of  the  state 
have  no  jurisdiction  to  control  its  discretion;  but,  if  the  board  refuses  to  perform 
any  of  the  duties  imposed  upon  it  by  law,  mandamus  will  lie  to  compel  it  to  act. 

Registration  of  Student — Upon  the  face  of  the  petition  a  prima  facie  case  is 
stated  that  the  relator  was  entitled  to  registration  as  a  student  of  the  University. — 
Glc-ason  vs.  U.  of  M.,  104  Minn.  359. 

280.  Board  of  control  divested  of  authority — The  board  of  control  is 
hereby  divested  of  all  authority,  jurisdiction  and  control  over  the  state 
university  and  the  state  normal  schools,  except  as  hereinafter  stated. 

The  state  university  shall  be  under  the  management,  judisdiction  and 
control  of  the  boards  of  regents  of  the  state  university,  and  the  state  normal 
schools  shall  be  under  the  management,  jurisdiction  and  control  of  the  state 
normal  school  board;  and  the  said  board  of  regents  and  said  normal  school 
board  shall  have  and  possess  all  of  the  powers,  jurisdiction  and  authority, 
and  shall  perform,  subject  to  the  restrictions,  herein  contained,  all  of  the 
duties  by  them  possessed  and  performed  on  and  prior  to  April  first  (1st) , 
nineteen  hundred  one  (1901),  except  as  hereinafter  stated.  (Chap.  119,  sec. 
1,  1905.) 

281.  Board  of  regents — Purchasing  agent — The  president  of  the  board 
of  regents  by  and  with  the  consent  and  approval  of  the  members  of  said 
board,  shall  appoint  a  purchasing  agent,  whose  duties  shall  be  as  herein 
provided  for  and  whose  compensation  shall  be  fixed  by  the  said  board  of 
regents  and  paid  out  of  the  funds  provided  for  the  maintenance  of  said 
university.  The  said  purchasing  agent  shall  attend  to  the  purchasing  of  all 
necessary  supplies  for  the  several  departments  of  the  state  university.  Pre- 
vious to  the  termination  of  each  quarterly  period  of  the  year  the  dean  or 
other  executive  head  of  each  of  the  several  departments  of  the  state  univer- 
sity shall  prepare  estimates  in  detail  of  all  the  supplies  required  for  such 
department  for  the  ensuing  quarterly  period.  Prior  to  the  opening  of  such 
quarterly  period  such  estimate  shall  be  submitted  by  the  said  dean  or  other 
executive  head  of  each  of  said  departments  to  the  executive  committee  of 
said  board  of  regents,  which  estimate  so  submitted  shall  be  carefully  ex- 
amined and,  if  necessary,  revised  by  said  executive  committee.  Upon  the 
approval  of  such  estimate  by  such  executive  committee  the  same  shall  be 
prepared  in  triplicate,  and  one  of  said  estimates  shall  be  retained  by  the 
said  board  of  regents,  and  one  thereof  shall  be  delivered  to  and  filed  with 
said  purchasing  agent  and  one  thereof  shall  be  delivered  and  filed  with 
the  state  auditor  of  this  state.  Such  estimates  bearing  such  approval  shall 
govern  and  control  said  purchasing  agent  in  the  purchasing  of  supplies  for 
the  several  departments  of  the  state  university.  No  disbursements  for  such 
purposes  shall  be  made  except  on  the  warrant  or  requisition  of  said  pur- 
chasing agent,  the  said  purchasing  agent  shall  give  bond  in  such  sum  as  said 
board  of  regents  shall  require  for  the  faithful  and  diligent  performance 
of  his  duties.     (Chap.  119,  sec.  2,  1905.) 


90  STATE   UNIVERSITY. 

282.  Normal  schools;  purchasing  agent — (Upon  the  assumption  by  said 
state  normal  school  board  of  the  jurisdiction,  management  and  control  of 
the  normal  schools  of  this  state,  said  board  shall  elect  from  its  own  members 
a  purchasing  agent,  whose  duties  shall  be  as  hereinafter  stated,  and  whose 
compensation  shall  be  fixed  by  said  board  and  paid  out  of  funds  provided 
for  the  maintenance  of  said  normal  schools,  a  pro  rata  sum  being  paid  by 
each  school.  He  shall  superintend  the  making  of  all  purchases  for  said 
schools.  Prior  to  the  termination  of  each  quarterly  period  the  executive 
head  of  each  school  shall  prepare  and  submit  to  him  a  detailed  statement  of 
the  needs  of  said  institution,  including  an  estimate  of  the  necessary  supplies 
and  expenditures  for  the  quarterly  period  next  succeeding.  Said  state- 
ment and  estimate  shall  be  submitted  by  him  to  said  normal  school  board 
for  revision  and  correction.  When  approved  by  said  board  it  shall  be  pre- 
pared in  triplicate  by  such  purchasing  agent,  and  one  copy  thereof  shall 
be  retained  by  said  board  for  the  use  of  such  agent,  one  shall  be  de- 
livered to  the  executive  head  of  each  normal  school  and  one  shall  be  filed 
with  the  state  auditor.  Such  estimates  shall  govern  and  control  the  pur- 
chasing of  supplies  for  the  respective  schools,  and  the  money  necessary 
to  be  disbursed  therefor  shall  be  paid  out  upon  the  warrant  of  said  agent 
as  hereinafter  stated.  Said  agent  shall  at  the  commencement  of  each 
quarterly  period  set  apart  for  the  use  of  each  school  as  a  contingent  fund, 
a  sum  not  exceeding  one  hundred  dollars   ($100). 

In  addition  there  [to]  the  supervision  of  the  purchasing  of  all  necessary 
supplies  for  said  school,  it  shall  be  the  duty  of  such  purchasing  agent 
to  visit  each  of  said  schools  at  least  once  during  each  quarterly  period,  at 
which  time  the  estimates  for  the  succeeding  quarter  as  herein  provided,  and 
a  statement  of  the  needs  of  said  institution  shall  be  submitted  to  him  by 
the  executive  head  thereof. 

He  shall  from  time  to  time  make  reports  to  said  normal  school  board 
of  the  business  affairs  of  said  schools,  with  such  recommendations  as  he  may 
deem  proper.  All  salaries  for  resident  directors  heretofore  paid  or  provided 
for  are  hereby  discontinued.     (Chap.  119,  sec.  3,  1905.) 

283.  Statements  of  purchasing  agent — Each  purchasing  agent  shall  at 
the  close  of  each  month  prepare  in  triplicate  statements  showing  all  pur- 
chases made  by  him  during  said  month  for  the  several  institutions,  the 
names  and  addresses  of  persons  from  whom  said  purchases  were  made  and 
the  several  prices  paid  therefor.  He  shall  accompany  the  same  with  an 
affidavit  that  the  statement  is  correct,  that  the  articles  therein  specified  were 
duly  authorized  by  the  proper  board  upon  prepared  statements  and  esti- 
mates, were  received  under  his  direction  at  the  institution  named  therein, 
that  the  several  prices  paid  therefor  were  reasonable,  that  said  goods  were 
of  proper  and  stipulated  quality  and  grade,  and  that  neither  he  nor  any  per- 
son in  his  behalf  has  any  pecuniary  or  other  interest  in  said  purchases, 
or  has  received  or  will  receive  in  any  way  any  pecuniary  or  other  benefii 
therefrom. 

He  shall  also  each  month  prepare  in  triplicate  and  cause  to  be  re- 
ceipted by  the  signatures  of  the  several  parties  named  therein,  payrolls 
showing  the  monthly  salaries  and  compensation  of  all  officers,  teachers  and 
employes  in  said  several  institutions,  and  shall  file  one  copy  of  said  state- 


STATE   UNIVERSITY.  91 

ment  and  said  payroll  with  the  president  of  the  board  of  regents  or  president 
of  the  normal  school  board,  as  the  case  may  be,  and  two  copies  with  thG 
state  auditor.  The  auditor  upon  receiving  the  same  shall  draw  his  warrant 
upon  the  state  treasurer  for  the  amount  called  for  in  each  expense  list  and 
payroll,  and  transmit  the  same  to  the  treasurer,  attaching  thereto  a  copy 
of  said  expense  list  and  payroll.  Upon  receipt  of  the  same  the  treasurer 
shall  send  his  checks  to  the  several  persons  named  therein  for  the  amount 
of  their  respective  claims.     (Chap.  119,  sec.  4,  1905.) 

284.  Limitations  of  expenses — No  member  of  the  board  of  regents  or 
of  the  normal  school  board,  and  no  person  in  the  employ  of  either  board 
shall  be  paid  for  any  expense  incurred,  unless  it  shall  appear  that  said  ex- 
pense was  duly  authorized  by  the  executive  committee  or  the  president  of 
the  board,  and  an  itemized,  verified  account  of  the  same,  accompanied  by 
sub-vouchers,  where  said  sub-vouchers  are  practicable,  is  furnished  by  the 
claimant,  and  filed  with  the  state  auditor  for  his  written  audit.  Such 
verification  shall  state  that  said  expense  bill  is  just  and  correct  and  for 
money  actually  and  necessarily  paid  or  to  be  paid  for  the  purposes  therein 
stated.  If  said  expense  is  to  be  incurred  in  visiting  another  state,  then, 
before  said  visit  is  authorized  or  undertaken,  the  said  executive  committee 
or  president  must  certify,  in  writing,  the  purpose  of  said  visit,  the  necessity 
existing  for  the  same,  and  the  maximum  expense  to  be  incurred  therefor, 
which  certificate  must  be  presented  to  the  governor  of  the  state  for  his 
approval.  If  he  does  not  approve  the  same,  the  said  visit  shall  not  be 
undertaken.  If  the  above  provisions  are  complied  with,  the  auditor  shall 
pay  such  expense  account  in  the  same  manner  as  monthly  expenses  and 
salaries  are  paid  under  the  provisions  of  this  act.     (Chap.  119,  sec.  5,  1905.) 

285.  Appropriation  not  to  be  exceeded — It  shall  be  unlawful  for  the 
board  of  regents  of  the  normal  school  board  to  permit  any  expenditures  for 
any  purpose  in  excess  of  the  amount  appropriated  or  contemplated  by  law, 
and  any  member  or  agent  of  either  of  said  boards  violating  this  provision, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined 
not  less  than  one  hundred  dollars  ($100)  or  more  than  one  thousand 
dollars  ($1,000),  or  be  imprisoned  in  the  county  jail  for  not  less  than  six 
(6)  months,  or  by  both  fine  and  imprisonment.     (Chap.  119,  sec.  6,  1905.) 

286.  Financial  authority  of  board  of  control — The  board  of  control  shall 
have  and  exercise  full  authority  in  all  financial  matters  of  the  several  in- 
stitutions named  in  this  act,  so  far  only  as  relates  to  the  erection  and  con- 
struction of  new  buildings,  the  purchasing  of  fuel,  and  the  placing  of  in- 
surance on  buildings  and  contents.  When  new  buildings  are  to  be  erected 
and  constructed  by  authority  of  the  state  it  shall  be  the  duty  of  the  board 
of  control  to  cause  to  be  prepared  plans  and  specifications  for  the  same, 
but  in  so  doing  it  shall  consult  with  the  local  board  in  respect  to  said  plans 
and  specifications,  and  shall  adopt  and  carry  out,  so  far  as  it  deems  prac- 
tical, their  request  and  desires  in  the  matter. 

The  board  shall  not  let  any  contract  for  the  erection  and  construction  of 
new  buildings  that  may  hereafter  be  constructed,  without  first  publicly  ad- 
vertising for  at  least  two  weeks  in  some  legal  newspaper,  published  in  the 
country,  where  the  work  is  to  be  performed,  for  separate  sealed  bids  for 


92  STATE  UNIVERSITY. 

general  construction,  plumbing,  heating,  ventilating  work  required  in  the 
construction  of  such  buildings,  and  for  separate  sealed  bids  covering  the 
entire  work  required  in  such  construction  in  which  advertisement,  the  time 
and  place  shall  be  fixed  for  the  opening  of  such  bids,  and  that  all  such  bids, 
shall  be  opened  publicly,  and  a  record  of  the  same,  giving  the  name  of  the 
bidder,  the  classification  of  the  work  or  material  bid  upon,  and  the  amount 
of  the  bid,  shall  be  made  and  filed  with  the  secretary  of  said  board  as  a 
public  record,  and  that  no  such  contract  shall  be  made  and  entered  into 
except  with  competent  and  responsible  contractors  and  builders  who  can 
furnish  a  good  and  sufficient  bond  as  required  by  law.  (c.  119,  sec.  7,  G.  u. 
1905,  as  amended  by  c.  36,  1911.) 

287.  Term  of  office — Vacancies — The  term  of  office  of  the  regents  shall 
be  six  years,  and  until  their  successors  qualify,  beginning  on  the  first. 
Wednesday  in  March  succeeding  their  appointment.  Any  appointment  to 
fill  a  vacancy  shall  be  for  the  unexpired  term.      (1471) 

288.  Officers — Meetings — Bonds — The  board  shall  elect  one  of  ltd 
members  as  president,  and  also  a  recording  secretary  and  treasurer,  neither 
of  whom  may  be  a  regent,  and  in  its  discretion  it  may  elect  a  vice  president. 
They  shall  hold  office  during  the  pleasure  of  the  board.  The  annual  meet- 
ing shall  be  held  on  the  second  Tuesday  in  December.  Such  special  meet- 
ings may  be  held  as  the  board  may  direct.  Before  entering  upon  the  duties 
of  his  office,  the  president  shall  file  with  the  secretary  of  state  a  bond  to 
the  state  in  the  sum  of  ten  thousand  dollars,  and  the  treasurer  a  bond  in 
the  sum  of  fifty  thousand  dollars,  both  to  be  approved  by  the  governor, 
conditioned  for  the  faithful  performance  of  the  duties  of  their  respective 
offices.     (1472) 

289.  Duties  of  board — The  board  shall  enact  by-laws  for  the  educational 
government  of  the  university,  and  shall  elect  proper  professors,  including 
a  professor  in  Scandinavian  language  and  literature,  teachers,  officers  and 
employes,  and  fix  their  salaries  and  terms  of  office,  determine  the  moral 
and  educational  qualifications  of  applicants  for  admission,  prescribe  text- 
books and  authorities  and  courses  of  study,  and,  in  their  discretion,  confer 
such  degrees  and  diplomas  as  are  usual  in  universities.  It  shall  have 
supervision  and  control  of  the  agricultural  experiment  station,  and  of  the 
experimental  tree  station,  and,  with  the  advice  of  the  president  and  sec- 
retary of  the  state,  horticultural  society,  shall  appoint  a  superintendent  of 
such  tree  station,  who  shall  report  to  the  board  as  it  may  direct,  and  to 
such   society  annually   in  person   at  its   winter  meeting.      (1473) 

290.  Surveys  and  reports — It  shall  continue  until  completed  all  sur- 
veys and  statistics  as  now  provided  by  law,  and  make  annual  reports  there- 
of to  the  governor,  on  or  before  the  second  Tuesday  in  December,  showing 
the  progress  of  the  work,  with  necessary  and  proper  maps,  drawings,  and 
specifications,  and  shall  lay  the  same  before  the  legislature.  Upon  the 
completion  of  any  separate  portion  of  such  surveys,  it  shall  prepare  a  final 
report,  embodying  all  important  matters  relating  to  such  portion,  and 
submit  the  same  in  like  manner,  and.  upon  final  completion  of  any  survey, 
shall  in  like  manner  make  a  final  report  thereof.     (1474) 


STATE   UNIVERSITY.  93 

291.  Specimens — The  board  shall  cause  proper  collections,  skillfully 
prepared,  secured,  and  labeled,  of  all  specimens  discovered  or  examined  in 
such  surveys,  to  be  preserved  in  the  university,  in  convenient  rooms,  and  in 
charge  of  a  scientific  curator,  for  public  inspection.  It  shall  also  prepare 
duplicate  collections  for  each  state  normal  school,  and  for  exchange  with 
the  Smithsonian  Institution  and  with  other  universities  and  scientific  in- 
stitutions.    (1475) 

292.  Report  of  board — On  or  before  the  second  Tuesday  in  December, 
the  board  shall  make  an  annual  report  to  the  governor,  showing  in  detail  the 
progress  and  condition  of  the  university  during  the  preceding  university 
year,  its  wants,  the  nature,  cost,  and  result  of  all  improvements,  experi- 
ments and  investigations,  the  number  and  names  of  professors,  teachers, 
and  students  in  each  department,  the  amount  of  money  received  and  dis- 
bursed, and  such  other  matters,  including  industrial  and  economic  statistics, 
as  it  may  deem  important.  A  copy  of  such  report  shall  be  transmitted  to 
each  college  or  university  endowed  by  act  of  Congress,  and  to  the  secretary 
of  the  interior.     (1476) 

233.  Power  to  accept  bequests,  etc. — The  University  of  Minnesota  may 
accept,  in  trust  or  otherwise,  any  gift,  grant,  bequest,  or  devise  for  educa- 
tional purposes,  and  may  hold,  manage,  invest,  and  dispose  of  the  same,  and 
the  proceeds  and  income  thereof,  in  accordance  with  the  terms  and  con- 
ditions of  such  gift,  grant,  bequest,  or  devise,  and  of  the  acceptance  thereof; 
and  any  person  or  persons  contributing  not  less  than  fifty  thousand  dol- 
lars to  the  university  may  endow  a  professorship  therein,  the  name  and 
object  of  which  shall  be  determined  by  the  board.     (1477) 

294.  Gifts  to  University — The  University  of  Minnesota  may  accept,  in 
trust  or  otherwise,  any  gift,  grant,  bequest  or  devise  for  educational  pur- 
poses, and  may  hold,  manage,  invest  and  dispose  of  the  same  and  the 
proceeds  and  income  thereof,  in  accordance  with  the  terms  and  conditions 
of  such  gift,  grant,  bequest  or  devise,  and  of  the  acceptance  thereof;  and 
any  person  or  persons  contributing  not  less  than  fifty  thousand  dollars 
($50,000)  to  the  university  may  endow  a  professorship  therein,  the  name  and 
object  of  which  shall  be  determined  by  the  board  of  regents.  (Chap.  187, 
sec.  1,  1905.) 

295.  Power  to  use;  eminent  domain — If  the  purposes  of  such  gift, 
grant,  devise  or  bequest  are  not  otherwise  limited  by  the  donor  the  Univer- 
sity of  Minnesota  may  use  the  same  or  the  proceeds  thereof  for  any  of  the 
purposes  of  the  university,  and  may.  among  other  things,  construct  build- 
ings and  acquire  land.  In  case  it  is  desired  to  use  the  same  for  the  acquisi- 
tion of  land  the  power  of  eminent  domain  may  be  exercised  either  in 
accordance  with  sections  4085  to  4091,  inclusive,  General  Statutes  1894,  or 
chapter  41  of  the  Revised  Laws  1905.     (Chap.  187,  sec.  2,  1905.) 

296.  Funds  to  be  deposited  in  state  treasury — All  such  gifts,  grants, 
bequests,  and  devises,  and  the  proceeds  and  income  therefrom,  and  all 
securities  pertaining  thereto,  shall  be  deposited  in  the  state  treasury  for  the 
use  of  the  university,  and  subject  to  its  order.     (1478) 


94  STATE  UNIVERSITY. 

297.  Bonds  to  bear  not  less  than  3  per  cent — The  permanent  school  aiifj 
university  funds  shall  be  invested  in  the  bonds  of  the  United  States,  or  jn 
bonds  of  this  or  of  any  other  state,  or  in  bonds  of  any  school  district  or 
county  drainage  bonds  of  this  state,  bearing  not  less  than  three  per  cent 
interest,  and  in  bonds  of  any  county   (other  than  drainage  bonds)   and  i'J 
the  bonds  of  any  city,  town  or  village  of  this  state,  bearing  not  less  thai) 
four  (4)  per  cent  interest,  as  provided  by  law ;  but  no  investment  shall  be  made 
in  bonds  issued  to  aid  in  the  construction  of  any  railroad.     The  governor 
treasurer  and  auditor  are  hereby  constituted  a  board  of  investment,  whosi 
duty  it  shall  be  to  invest  all  funds  derived  from  the  sale  of  public  lands 
except  as  otherwise  provided  by  law.    The  auditor  shall  be  secretary  of  said 
board,  keep  a  record  of  its  proceedings  and  publish  the  same  with  his  an 
nual  report.     The  treasurer  shall  place  on  credit  of  the  respective  funds 
the  interest  received  on  said  bonds.     They  shall  not  be  transferable  excep' 
upon  the  order  of  the  governor  and  auditor,  and  on  each  shall  be  written 
"Minnesota  School  Fund  Bond,"  or  "Bond  on  the  University  of  Minnesota," 
as  the  case  may  require,  transferable  only  upon  the  order  of  the  governor 
and  state  auditor.     The  auditor  shall  keep  a  record  showing  the  name,  ana 
amount  of  each  bond,  when  issued,  when  redeemable,  the  rate  of  interest, 
when  and  where  payable,  by  whom  executed,  when  purchased,  when  with- 
drawn, and  for  what  purpose.     (2435,  as  amended  by  chap.  348,  1907. > 

298.  Organization — The  university  shall  comprise:  (1)  A  college  o. 
science,  literature  and  arts;  (2)  a  college  of  agriculture,  including  military 
tactics,  (3)  a  college  of  mechanic  arts;  (4)  a  college  or  department  of  law. 
(5)  a  college  or  department  of  medicine;  (6)  a  college  or  department  oi 
dentistry.  (1479) 

299  Department  of  pedagogy — That  it  shall  be  the  duty  of  the  boar. I 
of  regents  to  organize  and  establish  in  the  University  of  Minnesota  as  soon 
as  practicable  a  teacher's  college,  or  department  of  pedagogy,  for  the  pur- 
pose of  affording  proper  professional  training  for  those  persons  who  intend 
to  become  public  and  high  school  instructors,  principals  and  superintend- 
ents of  schools.     (Chap.  120,  1905.) 

300.  School  of  agriculture  at  Crookston — There  shall  be  established  at 
or  near  the  city  of  Crookston,  in  the  county  of  Polk,  under  the  direction 
and  educational  supervision  of  the  board  of  regents  of  the  University  of 
Minnesota,  a  school  of  agriculture,  which  shall  be  a  department  of  the 
University  of  Minnesota,  under  such  name  and  designation  as  the  board  of 
regents  may  determine,  and  wherein  shall  be  taught  such  studies  and 
branches  of  learning  as  are  related  to  agriculture  and  domestic  economy. 
(Chap.  132,  1905.) 

301.  Sectarian  instruction  prohibited — In  the  selection  of  professors, 
instructors,  officers  and  assistants  of  the  university,  in  the  studies  and 
exercises,  and  in  the  management  and  government  thereof,  no  partiality  or 
preference  shall  be  shown  on  account  of  political  or  religious  belief  or 
opinion,  nor  shall  anything  sectarian  be  taught  therein.     (1480) 

302.  Duties  of  president — The  president  of  the  university  shall  be  presi- 
dent of  the  general  faculty  and  of  the  faculties  of  the  several  colleges  ov 


STATE   UNIVERSITY.  95 

departments  and  the  executive  head  of  the  university  in  all  its  depart- 
ments. Subject  to  the  board  of  regents,  he  shall  give  general,  direction  to 
the  practical  affairs  and  scientific  investigations  of  the  university,  and,  in 
the  recess  of  the  board,  may  remove  any  employe  or  subordinate  officer, 
not  a  member  of  the  faculty,  and  supply  for  the  time  any  vacancy  among 
such  employes  and  officers.  He  shall  be  ex  officio  corresponding  secretary 
of  the  board  of  regents,  and  may  be  charged  with  the  duties  of  one  of  the 
professorships.     (1481) 

303.  Reports  of  president — On  or  before  the  second  Tuesday  in  Decem- 
ber of  each  year,  he  shall  make  a  report  to  the  state  superintendent,  showing 
in  detail  the  progress  and  condition  of  the  university  during  the  previous 
university  year,  the  number  of  professors  and  students  in  each  department, 
and  such  other  matters  relating,  to  the  educational  work  of  the  institution 
as  he  shall  deem  useful,  or  as  the  state  superintendent  may  require.  He 
shall  also  at  the  same  time  report  to  the  board  of  regents  the  progress  and 
condition  of  the  university  during  the  same  time,  the  nature  and  results  of 
all  important  experiments  and  investigations,  and  such  other  matters, 
including  industrial  and  economic  facts  and  statistics,  as  he  may  deem  use- 
ful, or  as  such  board  may  require.     (1482) 

304.  Standing  appropriation — There  is  hereby  annually  appropriated 
for  the  general  maintenance  of  the  university: 

1.  The  interest  and  income  of  the  permanent  university  fund,  arising 
from  the  sale  of  lands  granted  to  the  state  by  act  of  Congress  entitled  "An 
act  donating  lands  to  the  several  states  and  territories  which  may  provide 
colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,"  approved 
July  2,  1862,  or  from  any  other  source. 

2.  The  proceeds  of  twenty-three  one-hundredths  mills  on  the  dollar  of 
the  state  school  tax. 

The  lands  granted  by  the  general  government  to  the  state  to  aid  in  the 
development  of  brines,  and  known  as  the  state  salt  lands,  and  those  granted 
by  an  act  of  Congress  entitled  "An  act  granting  lands  to  the  state  of  Min- 
nesota in  lieu  of  certain  lands  heretofore  granted  to  said  state,"  approved 
March  3,  1879,  and  the  funds  arising  from  their  sale,  are  hereby  appropriated 
for  the  completion  of  the  geological  and  natural  history  survey.     (1483) 

305.  Same — School  of  mines — The  following  sums  are  hereby  appro- 
priated annually,  out  of  the  state  treasury:  For  the  support  of  the  school 
of  mines  of  the  state  university,  five  thousand  dollars.  For  the  salaries 
of  instructors  in  said  school  of  mines  and  for  the  salary  of  a  professor 
of  electrical  engineering  in  said  university,  forty-five  hundred  dollars.     (1484) 

306.  University — Free  tuition — Any  resident  of  the  state  graduated 
from  the  school  for  the  blind,  upon  compliance  with  all  other  requirements, 
shall  be  entitled  to  pursue  any  course  of  study  in  the  state  university,  with- 
out expense  for  tuition,  and  the  board  of  regents  shall  receive  him  into  any 
department  thereof.     (1935) 

307.  University  depository  of  state  publications — The  general  library 
of  the  University  of  Minnesota  is  hereby  made  a  depository  of  all  books, 


96  STATE   UNIVERSITY. 

pamphlets,  documents,   maps   and  other  works  published  by   or  under   the 
authority  of  the  State  of  Minnesota.     (Chap.  278,  sec.  1,  1905.) 

308.  State  officials  to  deliver  publications — It  shall  be  the  duty  of  the 
secretary  of  state,  and  of  all  other  officials  and  boards  having  the  custody 
or  distribution  of  such  publications,  to  deliver  to  the  said  library  one  copy  of 
each  so  soon  as  ready  for  distribution;  and  thereafter  whenever  different 
works  are  bound  up  together,  one  copy  of  each  bound  volume;  provided, 
that  the  said  library  shall  be  entitled  to  receive  5  copies  of  the  Legislative 
Manual.  The  said  officers  may  in  their  discretion  issue  to  the  said  library 
additional  copies  as  requested  by  the  librarian.     (Chap.  278,  sec.  2,  1905.) 

309.  Appropriation  for  agricultural  experiment  station — That  the  State 
of  Minnesota  does  hereby  assent  to  the  grants  of  money  authorized  by  an 
act  of  the  congress  of  the  United  States,  entitled,  "An  act  to  provide  for  an 
increased  annual  appropriation  for  agricultural  experiment  stations  and 
regulating  the  expenditure  thereof."     (Chap.  101,  1907.) 

310.  $16,000  appropriated  for  fruit  breeding  farm — There  is  hereby 
appropriated  out  of  money  in  the  state  treasury  not  otherwise  appropriated, 
the  sum  of  sixteen  thousand  dollars  ($16,000),  or  as  much  thereof  as  may 
be  necessary,  for  the  purchase  of  a  fruit  breeding  farm  for  the  state  uni- 
versity by  the  board  of  regents  of  the  state  university  as  hereinafter  pro- 
vided.    (Chap.  334,  sec.  1,  1907.) 

311.  $2,000  annually  appropriated — There  is  hereby  annually  appro- 
priated out  of  any  money  in  the  state  treasury,  not  otherwise  appropriated, 
the  sum  of  two  thousand  dollars  ($2,000),  for  the  care  and  management  of 
said  fruit  breeding  farm.     (Chap.  334,  sec.  2,  1907.) 

312.  Regents  to  select  a  fruit  farm — As  soon  as  may  be  after  the  pas- 
sage of  this  act,  the  board  of  regents  of  the  state  university  shall  select  a 
fruit  farm  which  shall  meet  with  the  approval  of  the  executive  board  of  the 
Minnesota  state  horticultural  society  as  being  well  adapted  for  fruit  breed- 
ing purposes.     (Chap.  334,  sec.  3,  1907.) 

313.  Visitors  committee — The  executive  board  of  the  Minnesota  state 
horticultural  society  is  hereby  required  to  appoint  a  committee  of  two  suit- 
able persons  to  visit  said  fruit  breeding  farm,  at  least  once  in  each  year, 
to  examine  the  fruit  breeding  work  being  done  there,  and  to  report  on  the 
progress  of  such  work  to  the  Minnesota  state  horticultural  society  and 
board  of  regents  of  the  state  university,  together  with  such  recommenda- 
tions for  the  future  conduct  of  said  farm  as  may  seem  to  them  best.  (Chap. 
334,  sec.  4,  1907.) 

314.  Penalty  for  selling  liquors — Any  person  who  shall  sell  any  intoxi- 
cating liquor  or  cigarettes,  or  maintain  a  drinking  place,  within  one  mile  of 
the  University  Farm  of  the  School  of  Agriculture  of  the  University  of  Min- 
nesota, located  in  Ramsey  county,  Minnesota,  on  section  21,  township  29, 
and  range  23  west,  or  shall  aid  or  abet  another  in  either  of  such  acts,  shall 
be  guilty  of  a  gross  misdemeanor  and  shall  be  punished  for  the  first  offense 
with  a  fine  of  not  more  than  $100.00  or  improsonment  for  not  less  than  sixty 
days  nor  more  than  ninety  days;   for  each  subsequent  offense,  by  a  fine  of 


STATE   UNIVERSITY.  97 

not  less  than  $500.00  nor  more  than  $1,000.00,  or  by  imprisonment  in  the. 
county  jail  for  not  less  than  six  months  nor  more  than  one  year,  or  by  both. 
(Chap.  378,  1907.) 

315.  Free  education  for  soldiers  of  American-Spanish  war — That  any 
person  who,  being  at  the  time  a  resident  of  the  State  of  Minnesota,  enlisted 
in  the  army  or  navy  of  the  United  States  during  the  late  war  between  th? 
United  States  for  the  war  against  the  Kingdom  of  Spain,  and  who  was  honor- 
ably discharged  therefrom,  shall  upon  complying  with  all  other  require- 
ments for  admission,  be  entitled  to  pursue  any  course  or  courses  in  the 
University  of  Minnesota  without  expense  for  tuition.  (Chap.  158,  sec.  1, 
1907.) 

316.  Duty  of  regents — It  is  hereby  made  the  duty  of  the  board  of  re- 
gents of  the  University  of  Minnesota  to  accept  in  any  college,  school  or  de- 
partment thereof,  any  student  who  comes  within  the  definition  of  section  1 
of  this  act,  without  any  charge  to  said  student  for  tuition,  and  to  refund  to 
any  student  who  may  come  under  the  provisions  of  this  act  any  money 
which  he  has  paid  in  as  tuition  since  his  discharge.     (Chap.  158,  sec.  2,  1907.) 

317.  Forest  demonstrations — The  board  of  regents  of  the  state  univer- 
sity may,  in  their  discretion,  use  for  their  forest  demonstrations  work  in 
connection  with  the  forestry  course  in  the  state  university  any  suitable 
tracts  of  land  in  Itasca  State  Park  that  may  be  assigned  to  them  for  this 
purpose  by  the  state  forestry  board,  or  may  undertake  forestry  work  in 
the  said  park  or  elsewhere  in  conjunction  with  the  state  forestry  board. 
(Chap.  90,  sec.  3,  1907.) 

318.  Agricultural  extension  and  home  education — The  board  of  regents 
of  the  University  of  Minnesota  is  hereby  authorized  and  directed  to  estab- 
lish a  division  of  agricultural  extension  and  home  education  in  the  depart- 
ment of  agriculture  of  the  University  of  Minnesota.     (Sec.  1,  c.  440,  1909.) 

319.  Purposes  of  work — The  purpose  and  work  of  said  division  shall  be 
to  devise  and  prescribe  comprehensive  elementary  courses  in  the  various 
phases  of  husbandry;  to  teach  such  courses  to  all  persons  in  the  state  de- 
siring instruction  in  them,  or  any  of  them,  in  accordance  with  sections  4 
and  5  of  this  act,  by  means  of  correspondence  with  them  at  their  homes; 
by  providing  local  lectures,  demonstrations,  instructions  and  any  informa- 
tion calculated  to  elevate  agriculture  to  a  higher  economic  and  social  plane 
and  make  country  life  more  attractive  and  to  publish  frequent  home  educa- 
tion bulletins  which  shall  give  in  plain  and  practical  form  the  results  of 
the  experiments  and  investigations  of  the  various  divisions  of  the  state 
experiment  station  and  sub-stations  of  the  University  of  Minnesota  and 
such  other  information  as  may  be  useful  in  any  farm  home.  (Sec.  2,  c.  440, 
1909.) 

320.  Officers  of  division — That  the  officers  of  said  division  shall  be  a 
chief,  who  shall  have  general  oversight  and  immediate  charge  of  the  work 
of  said  division;  associates  consisting  of  the  chiefs  of  the  divisions  of  in- 
vestigation and  instruction  in  the  department  of  agriculture  of  the  Univer- 
sity of  Minnesota,  who  shall  serve  in  an  advisory  capacity;   an  editor  who 


98  NORMAL,  SCHOOLS. 

shall   edit  and  prepare   for  publication  such   material  as   the   chief  of  the 
division  may  direct,  and  such  other  faculty,  assistants  and  clerks  as  may  • 
be  needed  for  the  greatest  usefulness  of  said  division.     (Sec.  3,  c.  440,  1909.) 

321.  Free  instruction — That  all  persons  who  reside  in  the  State  of  Min- 
nesota shall  have  the  right  to  take  free  of  charge  any  courses  of  instruc- 
tion offered  in  the  division  of  agricultural  extension  and  home  education 
as  provided  for  in  section  2  of  this  act,  and  shall  be  subject  to  such  rules 
and  regulations  as  said  division  of  agricultural  extension  and  home  educa- 
tion shall  establish  under  the  authority  and  direction  of  the  board  of  re- 
gents of  the  University  of  Minnesota.     (Sec.  4,  c.  440,  1909.) 

322.  Bulletins  to  be  issued — The  home  education  bulletins  authorized  by 
this  act  shall  be  sent  free  to  all  persons  resident  within  the  state  who  shall 
request  said  bulletins  to  be  sent  to  them.     (Sec.  5,  c.  440,  1909.) 

323.  Fifty  thousand  dollars  appropriated — The  sum  of  fifty  thousand 
(50,000)  dollars  is  hereby  set  aside  and  appropriated  to  the  University  of 
Minnesota  for  the  purpose  of  establishing  said  division  of  agricultural  ex- 
tension and  home  education  in  agriculture  and  husbandry,  and  maintaining 
the  same  and  defraying  any  expenses  incident  to  the  establishment,  main- 
tenance and  operation  of  same,  and  said  division  shall  be  furnished  free 
rooms  for  their  work  at  and  in  connection  with  the  department  of  agricul- 
ture of  the  University  of  Minnesota  at  St.  Anthony  Park,  St.  Paul,  and  said 
sum  shall  be  expended  by  the  board  of  regents  of  the  University  of  Minne- 
sota for  said  purposes  during  the  college  years  beginning  in  September  of 
1909  and  1910.     (Sec.  6,  c.  440,  1909.) 

324.  Co-operation — The  board  of  regents  shall  co-operate,  if  it  seems 
advisable,  with  the  board  of  administration  of  the  state  farmers'  institutes 
in  carrying  on  the  educational  work  provided  for  in  this  act.  (Sec.  7,  c.  440, 
1909.) 


CHAPTER  XX. 
NORMAL  SCHOOLS. 


325.  Normal  schools — The  normal  schools  of  the  state  shall  be  known 
as  the  "Winona  State  Normal  School,"  the  "Mankato  State  Normal  School," 
the  "St.  Cloud  State  Normal  School,"  the  "Moorhead  State  Normal  School," 
and  the  "Duluth  State  Normal  School,"  respectively.     (1436) 

A  normal  school  is  not  a  school  district,  within  the  contemplation  of  the  statute, 
and  the  attendance  in  the  model  school  department  thereof  does  not  entitle  the 
normal  school  to  share  in  the  apportionment  of  the  public  school  fund. — Childs. 
May  7,  1897. 

326.  Model  schools — The  normal  school  board  may  organize  model 
schools  in  connection  with  each  normal  school,  for  illustrating  methods  of 
teaching  and  school  government  only.     (1437) 


NORMAL   SCHOOLS.  99 

327.  Tuition — There  shall  be  no  charge  for  tuition  or  incidental  ex- 
penses to  students  in  normal  schools  who  file  with  the  president  of  the  school 
board  a  declaration  of  intention  to  teach  in  the  public  schools  of  the  state 
for  not  less  than  two  years  after  leaving  such  school.  The  board  shall  fix 
rates  of  tuition  for  other  students,  and  for  pupils  in  the  model  schools. 
(1438) 

328.  Normal  school  board — -The  educational  management  of  the  normal 
schools  is  vested  in  a  board  of  eight  directors,  who,  with  the  state  superin- 
tendent, shall  constitute  the  normal  school  board.  Such  directors  shall  be 
appointed  by  the  governor,  subject  to  confirmation  by  the  senate,  for  a  term 
of  four  years.  The  governor  shall  in  like  manner  fill  for  the  unexpired  term 
all  vacancies  in  the  board.  There  shall  be  one  director  resident  in  each 
county  in  which  a  normal  school  is  located,  and  no  two  shall  be  residents 
of  the  same  county.     (1439) 

The  state  normal  school  board  may  establish,  by  rule  or  regulation,  the  ages 
between  which  children  may  be  received  into  the  model  department. — Douglas, 
Aug.  17,  1900. 

(As  to  authority  of  board  to  elect  a  purchasing  agent,  and  as  to  his 
duties,  see  sees.  282  and  283.) 

329.  Normal  board  may  shorten  session — That  there  shall  be  held  at 
each  of  the  state  normal  schools  in  this  state  a  summer  session  of  twelve 
(12)  weeks  each,  under  the  direction  of  the  state  normal  board.  These 
summer  sessions  shall  be  a  part  of  and  in  all  respects  be  the  same  as  the 
session  now  provided  for  by  law.  The  provisions  for  attendance  at  these 
summer  sessions  shall  be  the  same  as  those  now  in  force  and  the  arrange- 
ments of  the  terms  in  the  school  year  shall  be  such  as  to  most  fully  serve 
the  welfare  of  rural  schools.  Provided,  that  said  normal  board  may,  in  its 
discretion  and  when  the  interests  of  the  state  may  be  best  subserved  there- 
by, direct  that  a  shorter  session  than  twelve  weeks  be  held  at  any  of  said 
school.     (See  1,  c.  164,  G.  L.  1907,  as  amended  by  c.  112,  1909.) 

330.  Appropriations  for  summer  sessions — There  shall  be  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appropriated  $30,000, 
or  so  much  thereof  as  shall  be  necessary,  to  defray  the  expenses  of  the 
sessions  provided  for  in  section  1  hereof,  the  same  to  become  available 
August  1,  1907;  and  that  the  sum  of  $30,000,  or  so  much  thereof  as  shall  be 
necessary,  shall  be  appropriated  for  such  sessions,  to  become  available 
August  1,  1908.  Provided,  that  no  part  of  the  standing  appropriation  for 
the  support  of  institutes  and  training  schools,  provided  for  in  section  1435, 
Revised  Laws,  1905,  shall  be  used  for  the  support  of  the  schools  provided 
for  in  this  act,  or  for  the  support  of  any  institute  or  training  school  held 
at  or  in  connection  with  any  normal  school  in  this  state.  (Chap.  164,  see. 
2,  1907) 

331.  Annual  meeting  and  officers — The  annual  meeting  of  the  board 
shall  be  held  on  the  first  Tuesday  in  June.  At  such  meeting  it  shall  choose 
by  ballot  a  president,  whose  term  of  office  shall  be  for  two  years,  and  until 
his  successor  qualifies.  In  case  of  vacancy,  the  governor  shall  appoint  one 
of  the  directors  president  until  the  next  annual  meeting,  and  until  his  sue 


100  '  MISCELLANEOUS    PROVISIONS. 

cessor  qualifies.     The  state  superintendent  shall  be  secretary  of  the  board. 
(1440) 

332.  Duties  of  board — The  board  shall  have  the  educational  manage- 
ment, supervision,  and  control  of  the  normal  schools,  and  of  all  property 
appertaining  thereto.  It  shall  appoint  all  presidents,  professors,  and  teach- 
ers therein,  and  fix  their  salaries,  but  the  salary  of  any  president  shall  not 
exceed  three  thousand  dollars  per  annum.  It  shall  prescribe  courses  of 
study,  conditions  of  admission,  prepare  and  confer  diplomas,  report  grad- 
uates of  the  normal  department,  and  adopt  suitable  rules  and  regulations 
for  the  schools.  It  shall,  as  a  whole  or  by  committee,  visit  and  thoroughly 
inspect  the  grounds,  buildings,  modes  of  instruction,  discipline,  and  man- 
agement of  each  school,  at  least  once  in  each  term.  It  shall  report  to  the 
governor  annually,  on  or  before  December  1,  the  condition,  wants,  and  pros- 
pects of  each  school,  with  recommendations  for  its   improvement.     (1441) 

333.  Report  to  state  superintendent — The  president  of  each  normal 
school  shall  make  an  annual  written  report  to  the  state  superintendent  on 
or  before  September  1,  covering  the  term  year  of  his  school,  and  setting 
forth  its  general  statistics,  enrollment  in  each  department  and  in  each 
class  of  the  normal  department,  average  attendance,  the  number  graduat- 
ing within  the  year,  the  number  of  teachers,  the  departments  of  each,  and 
the  general  condition  of  its  buildings,  library,  and  apparatus,  the  number 
and  names  of  all  graduates  then  engaged  in  teaching,  as  far  as  known  to 
him,  and  the  district  or  county  in  which  each  is  teaching,  and  such  other 
matters  and  suggestions  as  he  may  deem  of  interest  to  the  public,  or  con- 
ducive to  the  good  of  the  school.     (1442) 

334.  Compensation  of  board — The  directors  shall  be  reimbursed  for 
their  actual  expenses  while  engaged  in  duty  for  the  normal  schools  out  of 
the  current  funds  belonging  to  such  schools.     (1443) 

335.  Standing  appropriation — The  following  sums  are  hereby  appro- 
priated annually  from  the  state  treasury  for  current  expense  and  mainte- 
nance of  the  normal  schools:  At  St.  Cloud,  twenty-two  thousand  dollars; 
at  Winona,  twenty-four  thousand  dollars;  at  Mankato,  twenty-four  thousand 
dollars;  at  Moorhead,  sixteen  thousand  dollars.     (1444) 


CHAPTER  XXI. 

MISCELLANEOUS  PROVISIONS. 

336. — County  public  examiner — How  appointed — In  any  county  of  this 
state,  having  at  any  time  a  population  of  more  than  one  hundred  thousand 
(100,000)  inhabitants  and  an  area  of  more  than  five  thousand  (5,000)  square 
miles,  it  shall  be  the  duty  of  the  judge  or  judges  of  the  district  court  in 
the  district  in  which  such  county  is  situate  to  appoint  a  person  of  suitable 
qualifications,  a  resident  of  said  county,  for  the  term  of  two  years,  whose 


MISCELLANEOUS    PROVISIONS.  101 

title  shall  be  "public  examiner  of   (insert  name  county)," 

whose  duties  and  salary  shall  be  as  fixed  by  this  act.     (Chap.  131,  sec.  1, 
1907.) 

337.  Qualifications — Any  appointee  under  this  act  shall  qualify  by  filing; 
in  the  office  of  the  county  auditor  of  such  county  an  oath,  which  shall  be 
sworn  to  before  some  person  authorized  to  administer  oaths  in  said  county, 
to  the  effect  that  he  will  faithfully  discharge  the  duties  imposed  upon  him 
by  law  and  will  make  due  returns  of  all  his  doings  as  required  by  this  act, 
and  such  appointee  shall  also  file  with  said  county  auditor  a  bond  in  the 
sum  of  five  thousand  dollars  ($5,000),  conditioned  upon  the  faithful  per- 
formance of  his  duties  as  such  examiner,  the  same  to  be  approved  by  the 
board  of  county  commissioners  of  such  county,  to  run  to  the  county  and 
to  be  for  the  benefit  of  the  county  and  of  any  and  all  persons  who  may 
suffer  loss  or  damage  by  reason  of  the  failure  of  such  examiner  to  faithfully 
discharge  his  said  duties.     (Chap.  131,  sec.  2,  1907.) 

338.  Compensation — The  salary  of  any  person  appointed  to  the  office 
of  examiner  under  this  act  shall  be  two  thousand  five  hundred  dollars 
(2,500)  per  annum,  to  be  paid  from  the  county  treasury  in  monthly  install- 
ments at  the  end  of  each  month  as  other  county  salaries  are  paid.  (Chap. 
131,  sec.  3,  1907.) 

339.  Powers  and  duties — It  shall  be  the  duty  of  any  examiner  appointed 
under  the  provisions  of  this  act  to  make,  during  each  year  of  his  office,  a 
full,  thorough  and  complete  examination  of  the  affairs  of  each  township, 
village,  city  and  school  district  in  his  said  county  with  reference  to  the 
method  of  keeping  the  books  thereof  and  the  accuracy  of  such  books  so 
kept,  with  reference  to  the  mode  of  auditing  and  paying  the  bills  thereof, 
with  reference  to  the  legal  or  illegal  nature  of  the  charges  made  for 
services  rendered  and  supplies  furnished  to  the  same,  with  reference  to 
the  character  and  amount  of  any  and  all  assets  and  securities  held  by  the 
officers  thereof,  with  reference  to  the  character  and  amount  of  any  commis- 
sions, percentages  or  charges  for  services  exacted  by  such  officers  without 
warrant  of  law,  with  reference  to  the  bonded  or  other  indebtedness  thereof, 
the  purposes  for  which  it  was  contracted  and  proceeds  thereof  expended, 
with  reference  to  the  method  and  place  of  keeping  the  funds  thereof  and  the 
safety  of  the. place  of  deposit  of  any  such  funds,  and,  in  general,  with  refer- 
ence to  any  matter  or  thing  which  concerns  the  proper  conduct  of  the  public 
business  of  any  such  township,  village,  city  or  school  district.  He  shall  also 
in  all  cases  which  seem  to  require  it  instruct  the  officials  of  any  township, 
village,  city  or  school  district  in  the  proper  method  of  conducting  the  pub- 
lic business  in  his  charge,  with  such  criticisms  and  suggestions  as  to  the 
law  applicable  thereto  as  will  tend  to  secure  uniformity  in  the  conduct  of 
public  business  throughout  said  county.     (Chap.  131,  sec.  4,  1907.) 

340.  Penalties — To  enable  such  examiner  to  perform  the  services  herein 
required  of  him,  the  various  officers  and  employes  of  any  township,  village, 
city  or  school  district,  whose  affairs  he  shall  be  hereunder  directed  to  ex- 
amine shall  afford  all  reasonable  and  needed  facilities  therefor,  and  it  is 
hereby  made  the  duty  of  any  and  all  such  officers,  officials  and  employes  to 


102  MISCELLANEOUS    PROVISIONS. 

make  returns  and  exhibits  to  the  said  examiner  under  oath  in  such  form 
and  at  such  time  or  times  as  he  shall  prescribe;  and  each  and  every 
person  so  required  who  shall  refuse  or  neglect  to  make  such  return 
or  exhibit  or  to  give  such  information  as  may  be  required  by  said  examiner 
shall  be  guilty  of  felony,  and  shall  be  liable  on  conviction  to  a  fine  not  ex- 
ceeding one  thousand  dollars  ($1,000.00),  or  imprisonment  in  the  state 
prison  for  a  period  not  exceeding  one  year;  and  if  any  person,  in  making 
such  exhibit  or  giving  such  information,  or  affording  any  statement  required 
under  this  act,  on  his  oath,  shall  knowingly  swear  falsely  concerning  the 
same  he  shall  be  deemed  guilty  of  perjury  and  punished  accordingly.  And  the 
said  inspector  shall  have  full  power  and  authority  for  the  purposes  herein 
named  to  administer  oaths,  to  examine  any  of  the  books,  papers,  accounts, 
bills,  vouchers  or  other  documents  or  property  of  any  such  township,  village, 
city  or  school  districts  and  any  official  or  officials  thereof  and  the  custodian 
or  custodians  of  any  of  the  funds  thereof.     (Chap.  131,  sec.  5,  1907.) 

341.  Report — At  the  regular  meetings  of  the  board  of  county  commis- 
sioners of  any  such  county,  held  in  January  and  July  of  each  year,  and  at 
such  other  times  as  required  by  said  board,  such  examiner  shall  make  to 
the  board  a  full  report  of  his  doings  covering  the  period  elapsing  since  his 
last  previous  report  and  calling  attention  of  the  board  to  any  errors,  irregu- 
larities or  criminal  acts  or  omissions  of  any  officers  or  body  of  officers  of 
which  he  has  become  cognizant  in  the  course  of  his  official  duties.  (Chap. 
131,  sec.  6,  1907.) 

342.  Criminal  proceedings — How  instituted — It  shall  be  the  duty  of  any 
examiner  appointed  under  this  act,  upon  the  discovery  by  him  of  any  act  or 
practice  on  the  part  of  any  public  officer  or  body  of  officers  of  any  town- 
ship, village,  city  or  school  district  in  his  county,  which  is  criminal  in  its 
nature  to  report  the  same  to  the  grand  jury  of  his  county  at  their  session 
next  following  any  such  discovery,  together  with  all  data  obtained  by  him 
with  reference  thereto  and  the  names  of  any  and  all  persons  cognizant  of 
any  facts  pertinent  thereto.  It  is  hereby  made  the  duty  of  any  and  all 
persons  having  in  their  possession  books,  papers,  documents  or  other  mate- 
rial which  in  the  opinion  of  such  examiner  should  be  presented  to  such 
grand  jury  to  furnish  and  entrust  the  same  to  the  said  examiner  for  such 
purpose,  and  any  person  refusing  or  failing  so  to  do  shall  be  deemed  guilty 
of  felony  and  shall  be  liable  on  conviction  to  a  fine  not  exceeding  one  thou- 
sand dollars  ($1,000),  or  imprisonment  in  the  state  prison  for  a  period  not 
exceeding  one  year.     (Chap.  131,  sec.  7,  1907.) 

343.  Public  examiner  to  examine  certain  records — It  is  hereby  made 
the  duty  of  the  public  examiner,  in  addition  to  the  duties  now  imposed  upon 
him  by  law,  at  least  once  in  each  year,  to  examine  and  audit,  at  the  request 
of  the  county  commissioners  of  any  county,  the  books  of  accounts  and  other 
records  required  to  be  kept  by  law  by  township,  village  and  school  district 
officers,  in  townships  and  villages  throughout  the  state,  and  if  said  exam- 
iner finds  said  accounts  and  records  correct  and  kept  in  accordance  with  law, 
and  all  money  and  property  of  the  township,  village  and  school  district, 
properly  accounted  for,  he  shall  make  a  report  of  such  facts  and  file  the 


MISCELLANEOUS    PROVISIONS.  103 

same  with  the  county  auditor  of  the  county  in  which  said  examination  is 
made. 

If  upon  such  examination,  errors  or  violations  of  law  are  found  in  the 
keeping  of  the  accounts  or  handling  of  the  money  or  property  of  the  town- 
ship, village  or  school  district,  such  errors  or  violations  of  law  shall  be 
reported  in  detail  in  writing  by  the  said  examiner,  and  said  report  shall  be 
filed  with  the  county  auditor  of  the  county  in  which  the  examination  is 
made.  Said  reports  made  by  the  examiner  shall  be  open  for  inspection  by 
the  public  at  all  times  during  the  business  hours  of  the  auditor's  office. 
(Chap.  344,  sec.  1,  1907.) 

344.  County  attorney  to  examine  reports  of  examiner — It  shall  be  the 
duty  of  the  county  attorney  of  each  county  to  examine  the  reports  made 
and  filed  by  the  examiner  in  the  office  of  the  county  auditor  pursuant  to 
this  act,  and  when  such  report  shows  a  violation  of  law,  the  misappropria- 
tion of  public  funds  or  any  other  irregularity  upon  which  criminal  or  civil 
prosecution  can  be  based,  he  shall  proceed  to  enforce  the  law  against  any 
offending  officer  or  officers  of  said  school  district,  township  or  village. 
(Chap.  344,  sec.  2,  1907.) 

345.  Compensation  of  assistant  examiners — The  examiner  in  order  to 
carry  out  the  work  of  such  examination  may  employ  from  time  to  time 
assistants  and  deputies,  who  shall  receive  for  their  compensation  five  dollars 
(5)  per  day  for  the  time  employed  and  expenses,  to  be  paid  by  the  county 
in  which  the  work  or  services  are  performed.     (Chap.  344,  sec.  3,  1907.) 

346.  Books  to  be  delivered — All  township,  village  and  school  officers 
are  hereby  required,  when  requested  so  to  do  by  said  examiner,  to  deliver 
to  said  examiner  or  his  deputies  or  assistants,  the  books  and  records  of  his 
office  for  the  purpose  of  examination,  and  any  officer  refusing  to  deliver  the 
books  and  records  of  his-  office  shall  be  guilty  of  a  misdemeanor.  (Chap. 
344,  sec.  4,  1907.) 

347.  Standing  appropriation  for  investment — There  are  hereby  annually 
appropriated  for  the  purposes  of  investment  all  moneys  received  into  the 
state  treasury  to  the  credit'  of  the  permanent  school  fund,  permanent  uni- 
versity fund,  internal  improvement  land  fund,  and  all  other  funds  required 
to  be  invested  in  securities,  or  which  may  be  loaned  as  provided  by  law. 
(-2436) 

348.  Standing  appropriation  for  expenses  of  investment — There  are 
hereby  annually  appropriated  such  sums  as  shall  be  found  necessary  for  the' 
incidental  expenses  of  purchase,  including  the  payment  of  interest  accrued 
at  the  time  of  purchase,  of  bonds  for  the  permanent  school  and  university 
funds,  payable  from  the  current  or  general  school  and  university  funds,  re- 
spectively, and  for  like  expenses  of  the  purchase  of  bonds  for  the  other 
permanent  funds  referred  to  in  section  2436,  payable  from  the  respective 
current  or  general  funds.     (2437) 

349.  Powers   of  state   board    of   health   and   school    boards — As  to   the 

power  of  the  state  board  of  health  as  to  the  construction  and  equipment  of 
schools  in  respect  to  sanitary  conditions;  the  furnishing  of  vaccine  matter; 


104  MISCELLANEOUS    PROVISIONS. 

the  assembling  during  epidemics  of  smallpox  with  other  persons  not  vac- 
cinated; and  as  to  the  power  of  school  boards  compelling  the  vaccination 
of  children  or  excluding  them  from  school  during  epidemics  of  smallpox,  see 
sec.  2131,  R.  L.  1905. 

In  the  absence  of  a  statute  making  vaccination  a  condition  precedent  to  the 
right  of  children  to  attend  school,  a  rule  of  the  State  Board  of  Health  which  has 
general  supervision  over  public  health,  making  a  certificate  of  vaccination  a  con- 
dition of  the  right  of  children  to  attend  the  public  schools,  cannot  be  sustained  as 
an  exercise  of  police  power;  and  such  a  rule,  made  when  there  is  no  epidemic  of 
smallpox  and  no  reasonable  apprehension  that  the  disease  may  become  prevalent, 
is  unconstitutional  and  void. — Supreme  Court  of  Wis.,  70  N.  W.  Rep.  347. 

A  general  grant  of  power  in  broad  and  comprehensive  terms  to  make  rules 
for  the  preservation  of  public  health,  vests  in  the  authorities  to  whom  it  is  granted 
power  to  enforce,  in  cases  of  emergency,  rendering  it  necessary  in  the  interests  of 
public  health  and  for  the  prevention  of  smallpox,  a  regulation  requiring  children 
to  be  vaccinated  as  a  condition  to  their  admission  to  the  public  schools. — 86  M.  353. 

350.  School  inspectors,  how  elected — In  all  cities  containing  a  popula- 
tion of  less  than  ten  thousand  (10,000)  inhabitants,  in  which  the  boundaries 
of  a  special  school  district  created  by  special  law  of  this  state  are  co- 
terminus  with  the  boundaries  of  the  city  and  in  which,  by  reason  of  the 
adoption  of  a  home  rule  charter,  no  provision  has  been  made  for  the  election 
of  school  inspectors  at  the  city  election,  such  school  inspectors  shall  be 
elected  at  the  biennial  city  elections  of  such  city  in  the  following  manner: 

Such  school  inspectors  shall  be  elected  and  shall  serve  for  the  term  of 
four  years,  except  that  in  a  subdivision  of  territory  in  which  only  one  school 
inspector  is  elected,  the  term  of  such  school  inspector  shall  be  for  two 
years. 

At  the  city  election  in  such  cities  to  be  held  in  the  year  1910,  the 
school  inspectors  who  were  elected  in  1907  shall  be  elected  to  hold  for  a 
term  of  four  years.  The  term  of  those  school  inspectors  elected  in  1907  is 
hereby  extended  for  the  term  of  three  years.  The  term  of  those  school  in- 
spectors elected  at  the  city  elections  held  in  1908  is  hereby  extended  for  the 
term  of  four  years,  except  that  the  school  inspector  elected  from  a  district 
or  ward  which  is  entitled  to  only  one  inspector  shall  be  elected  in  1910. 
(Sec.  1,  c.  212,  1909.) 

351.  School  inspectors;  how  nominated — Said  school  inspectors  may  be 
nominated  at  the  time  nominations  for  city  officers  are  made  and  the  names 
of  such  nominees  shall  be  placed  on  the  official  ballot  at  such  city  election 
and  shall  be  voted  for  and  the  votes  counted,  canvassed  and  returned  in  the 
same  manner  as  votes  for  city  officers  are  counted,  canvassed  and  returned 
(Sec.  2,  c.  212,  1909.) 

352.  Prohibiting  the  use  of  basement  rooms  for  graded  school  purposes 
— It  shall  be  unlawful  for  any  school  board  of  any  public  school  in  any  city 
having  a  population  of  twenty  thousand  or  more  inhabitants  to  maintain  or 
allow  any  basement  room  to  be  used  for  grade  school  purposes,  except 
rooms  used  exclusively  for  the  purpose  of  teaching  domestic  science,  man- 
ual training  or  physical  culture;  provided,  however,  that  two  basement 
rooms,  during  the  year  1910,  and  one  basement  room,  during  the  years  1911- 
1912,  may  be  used  in  any  one  building.     (Sec.  1,  c.  52,  1909.) 

353.  Basement  room  defined — For  the  purpose  of  this  act  a  basement 
room  shall  mean  any  room  the  floor  of  which  is  below  the  surface  of  the 
surrounding  ground  on  all  sides  of  said  room.     (Sec.  2,  c.  52,  1909.) 


MISCELLANEOUS    PROVISIONS.  105 

354.  Misdemeanor  prescribed — Any  such  school  director  of  any  public 
school  violating  section  1  of  this  act  shall  be  guilty  of  a  misdemeanor  for 
each  and  every  offense.     (Sec.  3,  c.  52,  1909.) 

355.  Eleven-mill  tax  for  school  purposes — School  districts  now  or  here- 
after having  not  less  than  20,000  inhabitants  nor  more  than  50,000  inhabi- 
tants, are  hereby  empowered  to  annually  levy  for  the  general  fund  of  sucb 
district  a  school  tax  not  exceeding  eleven  (11)  mills  oh  the  dollar  of  the 
valuation  of  all  taxable  property  in  such  school  district,  according  to  the 
last  preceding  official  assessment  thereof.  (Sec.  2,  c.  24,  1911,  repealing 
sec.  25,  G.  L.  1905.) 

356.  Provisions  to  apply  to  districts  existing  under  general  or  special 
law — 'Chapter  repealed — The  provisions  of  this  act  shall  apply  to  every 
school  district  within  the  above  mentioned  class,  whether  existing  under 
general  or  special  law,  and  in  determining  to  what  school  district  this  act 
shall  apply,  reference  shall  only  be  had  to  the  state  census  last  taken.  (Sec. 
2,  c.  24,  1911,  repealing  sec.  25,  G.  L.  1905.) 

357.  Twenty-mill  tax  authorized  for  school  purposes — The  school  board 
of  any  school  district  within  this  state  organized  and  existing  under  any 
special  law  and  containing  a  population  of  less  than  3,000  people  is  hereby 
authorized  to  levy  a  tax  of  not  to  exceed  twenty  (20)  mills  on  the  dollar  for 
school  purposes,  exclusive  of  tax  levy  for  interest  on  bonded  indebtedness, 
sinking  fund  or  building  fund,  notwithstanding  any  limitation  as  to  the 
amount  of  taxes  which  may  be  levied  by  the  special  act  under  which  such 
school  district  was  organized.     (Sec.  2,  c.  233,  1911.) 

358.  Election  of  members  of  board  of  education  in  certain  cities — That 
in  all  cities  containing  a  population  of  less  than  ten  thousand  (10,000)  and 
more  than  four  thousand  (4,000)  inhabitants,  in  which  the  boundaries  of  a 
special  school  district  or  an  independent  district  partly  affected  by  special 
laws  are  co-extensive  with  the  boundaries  of  the  city,  and  in  which,  by  rea- 
son of  the  adoption  of  a  home  rule  charter,  or  by  the  terms  of  any  special 
act  relating  to  the  district,  no  provision  has  been  made  for  the  election  of 
members  of  the  board  of  education  at  the  city  election,  such  members  of 
the  board  of  education  shall  be  elected  at  the  biennial  elections  of  such  city 
in  the  following  manner: 

Such  members  of  the  board  of  education  shall  be  elected  by  the  quali- 
fied voters  of  the  district  (city)  as  other  city  officers  are  elected  at  the  said 
biennial  election,  and  shall  serve  for  the  period  of  four  years.  The  terms 
of  those  last  elected  shall  be  extended  until  two  years  after  the  next  char- 
ter election.  The  terms  of  those  elected  at  the  election  prior  to  the  last  elec- 
tion shall  expire  at  the  next  charter  election.     (Sec.  1,  c.  38,  1911.) 

359.  May  be  nominated  same  as  other  city  officers — Said  members  of 
the  board  of  education  may  be  nominated  at  the  time  nominations  for  city 
officers  are  made,  and  the  names  of  such  nominees  shall  be  placed  on  the 
official  ballot  at  such  city,  elections  and  shall  be  voted  for  and  the  votes 
counted,  canvassed,  and  returned  in  the  same  manner  as  votes  for  city  offi- 
cers are  counted,  canvassed  and  returned.  Provided,  that  nothing  in  this 
act  shall  be  construed  to  affect  the  provisions  of  chapter  212,  Laws  of  1909. 
(Sec.  2,  c.  38,  1911.) 


106  RETIREMENT    FUND    ASSOCIATION. 

360.  Chapter  371  of  the  General  Laws  of  1901,  amending  section  3674, 
Gen.  Stat,  of  1894,  as  amended  by  chapter  251  of  the  General  Laws  of  1897, 
was  repealed  by  Revised  Laws,  but  afterward  amended  by  chapter  183, 
General  Laws  of  1905,  which  later  amendment  is  as  follows: 

That  the  first  proviso  of  section  one  (1),  chapter  three  hundred  seven- 
ty-one (371),  of  the  Laws  of  nineteen  hundred  and  one  (1901),  be  amended 
so  as  to  read  as  follows: 

Provided,  that  when  the  territory  of  the  district  or  districts  to  be 
affected  by  such  formation,  alteration,  consolidation  or  setting  off  of  any 
freeholder  from  one  district  and  attaching  him  to  another  consists  of  parts 
of  two  or  more  counties,  the  petition  shall  be  in  duplicate  or  more,  as  the 
case  may  be,  and  one  presented  to  the  commissioners  of  each  of  such 
counties,  who  shall  Severally  proceed  to  hear  the  petition  in  the  manner 
directed;  that  to  effect  the  formation,  alteration,  consolidation  or  setting 
off  of  any  freeholder  from  one  district  and  attaching  him  to  another,  in 
such  petition  desired,  shall  require  the  concurrent  action  of  the  commis- 
sioners of  each  of  such  counties.  The  determination  of  the  commissioners 
in  each  county  shall  be  entered  upon  their  records  in  the  several  counties 
by  the  several  county  auditors,  who  shall  file  the  copies  thereof  with  the 
clerks  of  the  districts  affected  thereby  in  their  respective  counties  in  the 
manner  directed,  and  also  with  the  county  auditors  in  each  of  the  counties 
petitioned. 

Provided,  further,  that  whenever  the  territory  of  such  district  in  either 
of  said  counties  has  an  assessed  valuation  of  not  less  than  fifty  thousand 
dollars  ($50,000),  and  has  resident  therein  not  less  than  fifteen  (15)  chil- 
dren of  school  age,  the  county  commissioners  of  either  county  may  organize 
that  part  of  such  district  lying  in  their  county  into  a  separate  school  dis- 
trict, or  consolidate  the  same  with  an  adjoining  district  in  the  same  county. 

Provided,  that  this  act  shall  only  apply  to  counties  having  a  population 
of  225,000  or  more  and  counties  adjoining  thereto. 

That  in  case  any  division  of  a  school  district  is  made  under  this  act, 
the  county  commissioners  of  the  counties  in  which  said  district  is  situated 
shall  divide  and  apportion  property  of  such  district  in  proportion  to  the 
assessed  valuation  thereof.     (Chap.  183,  Laws  1905.) 


CHAPTER  XXII. 
RETIREMENT  FOND  ASSOCIATIONS. 

361.  Teachers'  retirement  fund  pension — In  every  city  of  this  state 
now  or  hereafter  having  a  population  of  more  than  ten  thousand  inhabi- 
tants, the  teaching  body  may,  with  the  consent  of  the  common  council  or 
city  council  in  said  city,  establish  an  association  to  be  known  as  "Teachers' 
Retirement  Fund  Association,"  said  association  to  be  formed  and  organized 
and  to  have  powers  and  privileges  as  hereinafter  provided.  (Sec.  1,  c.  343, 
G.  L.  1909,  as  amended  by  sec.  1,  c.  383,  1911.) 

362.  Corporation  to  be  formed — Any  plan  for  the  establishment  of  such 
an  association  shall  include  a  provision  for  the  organization  of  a  corpora- 


RETIREMENT    FUND    ASSOCIATION.  107 

tion  under  the  provisions  of  chapter  fifty-eight  of  the  Revised  Laws  of  190o 
and  acts  amendatory  thereof.     (Sec.  2,  c.  343,  1909.) 

363.  In  cities  of  more  than  10,000  inhabitants — Teaching  body  to  form 
plan  of  incorporation — Whenever  any  teaching  body  of  any  city  of  this 
state  having  a  population  of  more  than  ten  thousand  inhabitants  desires 
to  avail  itself  of  the  privileges  of  this  act,  said  teaching  body  shall  formu- 
late a  plan  for  the  formation  and  incorporation  of  such  an  association  and 
the  collection  and  disbursement  of  a  fund  for  the  benefit  of  retired  teach- 
ers in  said  city,  which  said  plan  shall  be  submitted  to  the  common  council 
or  city  council  of  said  city  for  approval,  and  when  the  same  is  approved 
by  said  common  council  or  city  council,  the  said  association  so  established 
and  incorporated  shall  have  full  power  and  authority  to  receive  and  dis- 
burse funds  in  accordance  with  the  said  plan  so  adopted.  (Sec.  3,  c.  343, 
1909,  as  amended  by  sec.  2,  c.  383,  1911.) 

364.  Plan  to  be  approved  by  board  of  education — No  such  association 
shall  be  incorporated  and  commence  to  collect  and  disburse  funds  until  the 
plan  so  to  be  proposed  by  the  said  teaching  body  shall  be  approved  in 
writing  by  a  majority  of  all  teachers  in  the  employ  of  the  board  of  edu- 
cation, and  when  the  said  corporation  is  formed  there  shall  be  filed  with 
the  articles  of  incorporation  an  affidavit  made  by  some  officer  of  the  board 
of  education  that  a  majority  of  the  said  teachers  have  approved  in  writing 
of  the  formation  of  said  association.     (Sec.  4,  c.  343,  1909) 

365.  Contributors  only  entitled  to  benefits— Said  plan  so  to  be  adopted 
shall  include  a  provision  that  only  such  teachers  as  make  a  contribution 
to  the  said  fund  as  provided  in  said  plan,  shall  be  entitled  to  the  benefits 
thereof,  and  may  include  a  provision  that  a  portion  of  said  fund  shall  be 
raised  by  taxation  upon  the  property  of  the  said  city;  it  being  understood, 
however,  that  all  teachers  who  are  willing  to  comply  with  the  terms  and 
conditions  of  the  articles  of  association  and  by-laws  of  said  association 
shall  be  entitled  to  participate  in  the  benefits  of  said  fund.  (Sec.  5,  c.  343, 
1909.) 

366.  Officers  of  association  to  certify  for  taxation — When  said  plan  is 
adopted,  as  hereinbefore  set  forth,  and  said  association  is  formed  and  in- 
corporated, the  proper  officers  of  said  association  shall  certify  annually 
to  the  proper  authorities,  who  have  charge  of  the  levying  of  taxes  in  said 
city  and  in  the  county  in  which  said  city  is  located,  the  amount  which  it 
will  be  necessary  to  raise  by  taxation  in  order  to  carry  out  the  plan  so 
adopted,  as  hereinbefore  set  forth,  for  the  coming  year,  and  it  shall  be  the 
duty  of  the  said  authorities  so  having  charge  of  the  levying  of  taxes  to  in- 
clude in  the  tax  levy  for  the  ensuing  year  a  tax,  in  addition  to  all  other 
taxes,  sufficient  to  produce  said  sum  so  certified. 

Provided,  however,  that  said  tax  shall  in  no  event  exceed  one-tenth  of 
a  mill  upon  all  taxable  property  of  said  city;  and  the  said  tax  shall  be 
collected  as  other  taxes  are  collected  in  said  city,  and  when  so  collected 
shall  be  paid  over  to  the  treasurer  of  said  association  to  be  held  and  dis- 
bursed in  accordance  with  the  provisions  of  said  plan  so  to  be  adopted 
(Sec.  6,  c.  343,  1909.) 


108  POWERS  OF  COUNCIL  AND  BOARDS. 

367.  Corporation  to  hold  and  dispose  of  real  estate — Any  such  asso- 
ciation so  to  be  formed  shall  be  empowered  to  receive,  hold  and  dispose  of 
real  estate  or  personal  property  acquired  by  them,  either  by  gift  or  pur- 
chase or  in  any  other  lawful  way,  as  provided  by  their  articles  of  associa- 
tion so  to  be  adopted,  as  herein  provided.     (Sec.  7,  c.  343,  1909.) 

368.  Pro  rata  plan  to  be  provided  for — Said  plan  may  provide  in  the 
event  that  the  funds  of  the  association  are  not  sufficient  to  pay  annuities? 
in  full,  as  provided  in  said  plan,  in  any  particular  year,  that  the  amount 
available  shall  be  pro-rated  between  those  entitled  to  receive  the  same. 
(Sec.  8,  c.  343,  1909.) 

369.  Definition  of  word  "teachers" — The  word  teachers  as  used  in  this 
act  shall  include  superintendents,  supervisors,  principals,  as  well  as  in- 
structors, who  are  in  the  employ  of  the  board  of  education  or  board  of 
school  inspectors  in  the  city  mentioned  in  this  act.     (Sec.  9,  c.  343,  1909.) 


CHAPTER    XXIII. 


POWERS   OF   COUNCIL   AND   BOARDS   OF   EDUCATION   IN   CITIES    OF 
FIFTY  THOUSAND  INHABITANTS  OR  MORE. 

370.  $100,000  bonds  authorized  for  children's  public  playgrounds — Con- 
trol of  grounds — Any  city  in  the  State  of  Minnesota  now  or  hereafter  hav- 
ing a  population  of  over  fifty  thousand  inhabitants  is  hereby  authorized 
and  empowered,  acting  by  and  through  the  common  council  of  such  city. 
by  ordinance  duly  enacted  by  an  affirmative  vote  of  not  less  than  three- 
fourths  of  all  members-elect  of  such  common  council,  to  issue  and  sell  not 
exceeding  one  hundred  thousand  dollars  ($100,000.00)  par  value  of  the 
bonds  of  such  city,  the  proceeds  thereof  to  be  used  for  acquiring  and  im- 
proving sites  for  children's  public  playgrounds  in  such  cities. 

Such  playgrounds  shall  be  public  parks  and  shall  be  under  the  direc- 
tion, supervision  and  control  of  the  park  board  or  other  governing  body 
having  direction  and  supervision  of  public  parks  in  such  cities,  and  all 
funds  derived  from  the  sale  of  the  bonds  hereby  authorized  shall  be  cred- 
ited to  the  park  fund  of  such  city,  to  be  disbursed  under  the  direction  of 
such  park  board  or  other  governing  body,  for  the  use  and  purpose  of  sucb 
children's  public  playgrounds. 

Provided,  that  not  more  than  twenty-five  thousand  dollars  ($25,000.00) 
par  value  of  such  bonds  shall  be  issued  during  any  one  calendar  year. 

And  no  such  city  shall  have  power  to  issue  any  bonds  hereunder  after 
December  31,  A.  D.  1912.     (Sec.  1,  c.  357,  1909.) 

371.  Bonds;  how  issued — The  bonds  authorized  by  section  1  of  this 
act,  or  any  portion  thereof,  may  be  issued  and  sold  by  any  such  city,  not- 
withstanding any  limitation  contained  in  the  charter  of  such  city  or  in  any 
law  of  this  state  prescribing  or  fixing  any  limit  upon  the  bonded  indebted- 
ness of  such  city,  but  the  full  faith  and  credit  of  any  such  city  shall  at  all 


POWERS   OF   COUNCIL   AND   BOARDS.  109 

times  be  pledged  for  the  payment  of  any  bonds  issued  under  this  act  and 
for  the  current  interest  thereon,  and  the  common  council  of  such  city  shall 
each  year  include  in  the  tax  levy  for  such  city  a  sufficient  amount  to  pro- 
vide for  the  payment  of  such  interest  and  for  the  accumulation  of  a  suit- 
able sinking  fund  for  the  redemption  of  such  bonds  at  their  maturity.  Sec. 
2,  c'357,  1909.) 

372.  Not  to  run  for  a  longer  period  than  30  years  at  four  per  cent — 
How  issued  and  sold — No  bonds  hereunder  shall  be  issued  by  any  such  city 
for  the  purpose"  herein  authorized  to  run  for  a  longer  period  than  thirty 
years  or  bearing  a  higher  rate  of  interest  than  four  per  cent  per  annum, 
but  the  place  of  payment  of  the  principal  and  interest  thereon  and  the  de- 
nominations in  which  the  same  shall  be  issued  shall  be  such  as  may  be 
prescribed  by  the  common  council,  and  may  be  in  the  form  of-  coupon  bonds 
or  registered  certificates,  so-called. 

All  such  bonds  shall  be  signed  by  the  mayor,  attested  by  the  city  clerk 
and  countersigned  by  the  comptroller,  and  shall  be  sealed  with  the  seal 
of  such  city. 

Provided,  that  the  signatures  to  the  coupons  attached  to  such  bonds, 
if  any,  may  be  lithographed  thereon,  and  none  of  said  bonds  shall  be  sold 
at  less  than  their  par  value  and  accrued  interest,  and  then  only  to  the 
highest  responsible  bidder  therefor.     (Sec.  3,  c.  357,  1909.) 

373.  Application — This  act  shall  apply  to  cities  existing  under  a  char- 
ter framed  pursuant  to  section  thirty-six  (36)  of  article  four  (4)  of  the 
constitution,  and  all  acts  and  parts  of  acts  inconsistent  herewith  are  here- 
by repealed.     (Sec.  4,  c.  307,  1909.) 

374.  Boards  of  education  to  contract  for  books,  supplies,  etc. — Boards 
of  education  in  incorporated  cities  having  over  fifty  thousand  (50,000)  in- 
habitants and  constituting  special  or  independent  school  districts  may  era 
ploy  superintendents  and  teachers,  and  may  make  rules  and  regulations 
for  the  government  of  schools  and  for  the  employment  and  examination  of 
teachers  and  prescribing  their  powers  and  duties;  and  prescribing  the  de- 
scription, grading  and  classification  of  scholars  and  their  management  and 
the  course  of  insruction  and  books  to  be  used  and  other  matters  pertain- 
ing to  the  government  and  welfare  of  schools,  including  the  contract  for 
and  purchase  of  text  books,  pencils,  tablets  and  such  other  school  supplies 
needful  for  the  schools  of  the  district,  and  providing  for  the  free  use  of 
such  text  books,  pencils,  tablets  and  other  school  supplies,  by  the  pupils 
of  such  schools,  or  the  sale  to  them  at  cost;  but  no  such  adoption  or  con- 
tract for  text  books  shall  be  for  less  than  three  nor  more  than  five  years, 
during  which  time  such  text  books  adopted  or  contracted  for  shall  not  be 
changed.     (Sec.  1,  c.  268,  G.  L.  1905,  as  amended  by  sec.  1,  c.  351,  1909.) 

375.  Not  applicable  to  certain  cities — This  act  shall  not  apply  to  any 
city  whose  charter  is  framed  under  and  pursuant  to  section  36,  article  4, 
Of  the  constitution.     (Sec.  2,  c.  351,  1909.) 

376.  Right  of  eminent  domain  for  public  building  sites — Proceedings — 
That  hereafter  any  city  in  this  state  now  or  hereafter  having  a  population 
of  over  fifty  thousand  inhabitants  shall  have  the  right,  power  and  authority 


HO  POWERS   OF  COUNCIL  AND   BOARDS. 

to  condemn  lands  under  the  right  of  eminent  domain  for  sites  and  grounds 
for  public  school  buildings,  and  for  all  other  municipal  or  public  buildings 
for  such  cities,  or  for  any  of  the  departments  of  its  government,  and  such 
power  and  authority  shall  be  exercised  under  and  pursuant  to  the  terms 
and  provisions  of  chapter  41  of  the  Revised  Laws  of  Minnesota  for  the 
year  1905  and  acts  amendatory  thereof;  provided,  however,  that  any  such 
city  shall  have  the  right,  upon  the  filing  of  the  award  of  the  commissioners 
provided  for  in  said  chapter  41,  and  upon  giving  the  notice  therein  re- 
quired of  the  filing  of  such  award,  to  enter  upon  and  appropriate  the  lands 
so  condemned,  without  the  giving  of  any  bond,  but  in  case  of  such  entry 
and  appropriation  such  city  shall  be  bound  absolutely  to  pay  all  damages 
awarded,  either  by  said  commissioners  or  by  the  court  upon  appeal  there- 
from, together  with  all  costs  and  expenses  adjudged  against  it  therein, 
within  the  time  specified  in  said  chapter  41.  In  case  any  such  city  shall 
appeal  from  the  award  of  commissioners  appointed  pursuant  to  any  such 
condemnation  proceedings,  such  city  shall  not  be  required  to  give  or  file 
any  appeal  bond  therein.     (Chap.-  291,  Laws  1907.) 

377.  $1,000,000  school  bonds  authorized — Any  city  in  this  state  now 
or  hereafter  having  a  population  of  more  than  fifty  thousand  inhabitants  is 
hereby  authorized  and  empowered,  acting  by  and  through  the  common  coun- 
cil or  city  council  of  such  city  by  ordinance  or  resolution  duly  enacted  or 
passed  by  an  affirmative  vote  of  not  less  than  three-fifths  of  all  members- 
elect  of  said  common  council  or  city  council,  to  issue  and  sell  bonds  of 
such  city  to  an  amount  not  exceeding  one  million  dollars  ($1,000,000.00)  par 
value,  the  proceeds  thereof  to  be  used  for  the  purpose  of  procuring  grounds 
for  public  graded  school  purposes  and  constructing  public  graded  school 
buildings  and  constructing  additions  to  and  making  repairs  on  public 
graded  school  buildings  in  such  city;  provided,  no  such  bonds  shall  be 
issued  or  sold  unless  the  ordinance  or  ordinances  or  resolutions  authoriz- 
ing their  issuance  and  sale  shall  have  been  duly  passed  or  enacted  by  the 
common  council  or  city  council  of  such  city  prior  to  the  first  day  of  Jan- 
uary, A.  D.  1913,  but  when  the  issuance  and  sale  have  been  so  authorized, 
the  bonds  may  be  issued  and  sold  at  any  time  thereafter  prior  to  January  1, 
1914,  and  in  such  amounts  and. at  such  times  as  the  council  from  time  to 
time  by  resolution  shall  direct.  (Sec.  1,  c.  15G,  G.  L.  1909,  as  amended  by 
sec.  1,  c.  208,  1911.) 

378.  May  be  issued  irrespective  of  present  indebtedness — The  bondr, 
authorized  by  section  one  (1)  of  this  act  or  any  portion  thereof  may  be 
issued  and  sold  by  any  such  city,  notwithstanding  any  limitations  contained 
in  the  charter  of  such  city,  or  in  any  law  of  this  state  prescribing  or  fixing 
any  limit  upon  the  bonded  indebtedness  of  such  city,  but  the  full  faith  and 
credit  of  any  such  city  shall  at  all  times  be  pledged  for  the  payment  of  any 
bonds  issued  under  this  act,  and  for  the  current  interest  thereon,  and  the 
common  council  or  city  council  of  such  city  shall  each  year  include  in  the 
tax  levy  for  such  a  city  a  sufficient  amount  to  provide  for  the  payment  of 
such  interest  and  for  the  accumulation  of  a  sinking  fund  for  the  redemption 
of  such  bonds  at  their  maturity.     (Sec.  2  c.  156,  1909.) 

379.  Not  to  run  longer  than  thirty  years — How  issued — No  bonds  shall 
be   issued   by   any   such   city   for   the   purposes   hereinbefore   mentioned   to 


SCHOOL.   BOARDS    IN   UNORGANIZED    TERRITORY.  HI 

run  for  a  longer  period  than  thirty  years  or  bearing  a  higher  rate  of  in- 
terest than  four  and  one-half  per  cent  per  annum  but  the  place  of  payment 
of  the  principal  and  interest  thereon,  and  the  denominations  in  which  the 
same  shall  be  issued  shall  be  such  as  may  be  determined  upon  by  the  com- 
mon council  or  city  council,  and  may  be  in  form  of  coupon  bonds  or  regis- 
tered certificates,  so-called. 

All  such  bonds  shall  be  signed  by  the  mayor,  attested  by  the  city  clerk 
and  countersigned  by  the  city  comptroller,  and  shall  be  sealed  with  the 
seal  of  such  city,  except  that  the  signatures  to  the  coupons  attached  to 
such  bonds,  if  any,  may  be  lithographed  thereon,  and  none  of  such  bonds 
shall  be  sold  at  less  than  their  par  value  and  accrued  interest,  and  then 
only  to  the  highest  responsible  bidder  therefor.  (Sec.  3,  c.  156,  1909,  as 
amended  by  sec.  3,  c.  208,  1911.) 

380.  Not  applicable  to  certain  cases — This  act  shall  not  apply  to  any 
city  created  and  existing  pursuant  to  section  36  of  article  4  of  the  state 
constitution.     (Sec.  4,  c.  208,  1911.) 


CHAPTER   XXIV. 


SCHOOL  BOARDS  IN  UNORGANIZED  TERRITORY,  AND  IN  DISTRICTS 
OF  TEN   OR   MORE   TOWNSHIPS. 

381.  Provision  for  education  in  unorganized  territory — The  power  of 
providing  for  the  education  of  children  of  school  age  residing  in  any  un- 
organized territory  within  the  State  of  Minnesota  shall  be  vested  in  the 
county  board  of  education  for  unorganized  territory  of  the  county  where 
such  unorganized  territory  is  situated.     (Chap.  76,  sec.  1,  1907) 

382.  County  board,  how  constituted — The  chairman  of  the  board  of 
county  commissioners,  the  county  superintendent  of  schools,  and  the 
county  treasurer  shall,  ex-officio  compose  the  county  board  of  education 
for  unorganized  territory  in  each  county  within  the  state.  (Chap.  76,  sec.  2, 
1907.) 

383.  Board  may  authorize  clerk  to  county  superintendent  at  $60  per 
month — The  chairman  of  the  county  board  of  commissioners  shall  be  the 
chairman  of  the  county  board  of  education;  the  county  treasurer  shall  be 
the  treasurer  of  said  board;  the  county  superintendent  of  schools  shrill  be 
the  clerk  of  said  board  of  education.  The  county  board  of  education  may 
also  employ  a  competent  person  to  act  as  clerk  to  the  county  superintend- 
ent of  schools,  who  shall  perform  such  other  services  as  the  board  may 
direct.  Such  person  shall  not  enter  upon  his  duties  as  such  clerk  until 
his  appointment  has  been  ratified  by  the  county  board,  who  shall  fix  his 
salary,  which  shall  not  exceed  sixty  dollars  ($60)  per  month.  (Sec.  3,  c.  76, 
G.  L.  1907,  as  amended  by  sec.  1,  c.  309,  1909.) 

384.  Salaries  of  members  of  county  boards  of  education — For  their 
services  performed  under  the  provisions  of  this  act,  the  chairman  of  said 


112  SCHOOL.    BOARDS    IN    UNORGANIZED    TERRITORY. 

board  of  education  shall  be  paid  three  dollars  ($3)  per  day  for  the  time 
actually  employed  by  him  as  such  chairman  and  ten  cents  (10c)  per  mile 
for  distance  actually  traveled  by  him  in  performance  of  his  said  duties  not 
exceeding  the  total  sum  of  four  hundred  dollars  ($400)  in  any  one  year 
for  such  mileage  and  per  diem;  the  treasurer  of  said  board  shall  be  paid 
one  and  one-half  per  cent  (lxA%),  and  the  clerk  one  per  cent  (1%)  of  the 
cash  disbursements  for  the  year,  but  only  after  all  reports  required  by  law 
have  been  made  in  conformity  thereto;  provided,  that  this  section  shall  not 
apply  to  counties  having  a  population  of  more  than  100,000.  (Sec.  10,  c.  309, 
as  amended  by  sec.  1,  c.  103,  1911.) 

* 

385.  When  to  meet — The  county  board  of  education  for  unorganized 
territory  shall  meet  on  the  first  Monday  of  each  month  at  the  county  seat 
for  the  purpose  of  transacting  the  business  of  said  board,  consider  peti- 
tions, reports  from  teachers,  audit  and  pay  bills,  etc.  (Chap.  76  sec.  4, 
1907.) 

386.  Duty  of  clerk — It  shall  be  the  duty  of  the  clerk  of  the  county 
board  of  education  to  make  to  the  state  superintendent  of  schools  reports 
similar  to  those  made  by  the  county  superintendent  in  case  of  organized 
districts,  and  to  the  county  auditors  reports  similar  to  those  made  by  the 
clerk  of  organized  districts.     (Chap.  76,  sec.  5,  1907) 

387.  Taxes  levied  for  schools  and  furniture — The  said  board  of  educa- 
tion shall,  annually,  on  the  third  Saturday  of  July,  make  a  levy  on  all  prop- 
erty situated  in  unorganized  territory  of  the  county  for  the  purpose  of  pro- 
viding schools,  teachers,  transportation  of  pupils,  board  of  pupils,  text- 
books, apparatus,  school  supplies,  etc.,  for  the  education  of  children  resid- 
ing within  such  territory.  This  tax  levy  shall  be  known  as  the  special  un- 
organized school  levy,  and  it  shall  be  so  spread  on  the  tax  lists  by  the 
county  auditor.     (Chap.  76,  sec.  6,  1907.) 

388.  Duty  of  board  as  to  school  houses,  etc. — It  shall  be  the  duty  of 
the  said  board  to  furnish  school  facilities  to  every  child  of  school  age 
residing  in  any  part  of  said  unorganized  territory,  either  by  building  school 
houses,  leasing  school  room,  transporting  said  children  to  the  nearest 
school,  boarding  said  children  within  convenient  distance  from  a  school  at 
the  expense  of  said  board,  or  otherwise,  and  to  provide  necessary  supplies, 
text  and  library  books.     (Chap.  76,  sec.  7,  1907.) 

389.  Power  of  board — When  not  otherwise  provided  in  this  act,  the 
powers  and  duties  of  said  board  of  education  of  unorganized  territory  shall 
be  the  same  as  those  of  school  boards  and  annual  meetings  of  common 
school  districts.     (Chap.  76,  sec.  8,  1907.) 

330.  Organization  of  school  district — When,  in  the  opinion  of  the  said 
board,  it  shall  appear  that  any  territory  enjoying  the  privileges  of  unorgan- 
ized territory  should  be  organized  into  a  common  school  district,  the  said 
board  shall  notify  the  county  board,  which  shall  cause  notice  of  hearing 
thereon  to  be  given  and  otherwise  proceed  as  provided  by  law  for  organi- 
zation of  common  school  districts.     (Chap.  76,  sec.  9,  1907.) 


SCHOOL,   BOARDS    IN    UNORGANIZED    TERRITORY.  H3 

391.  Division  of  moneys  of  school  districts  between  old  and  new 
counties — Whenever  a  new  county  or  counties  have  been  or  may  hereafter 
be  created  and  organized  out  of  territory  embraced  within  the  boundaries 
of  one  or  more  organized  counties  and  in  which  there  is  unorganized  school 
territory,  acting  under  the  provisions  of  chapter  76  of  General  Laws  of 
Minnesota  for  1907,  and  acts  amendatory  thereof,  and  lying  partly  within 
the  old  and  new  counties,  or  wholly  within  the  new  county,  the  county 
boards  of  education  of  the  old  and  new  counties  shall  meet  upon  the  writ- 
ten request  of  the  county  superintendent  of  either  county  at  such  time  and 
place  as  shall  be  designated  in  said  request,  which  said  request  shall  be 
served  upon  each  member  of  each  county  board  of  education  of  the  coun- 
ties affected  at  least  five  days  before  the  time  of  such  meeting  and  make 
a  division  of  all  the  moneys,  funds  and  credits  belonging  to  such  unorgan- 
ized school  territory  as  the  same  exists  prior  to  the  division  of  the  county 
or  counties,  and  in  making  such  division,  the  said  board  shall  take  into 
consideration  the  indebtedness  of  said  unorganized  school  territory  and 
shall  make  such  division  as  they  deem  just  and  equitable,  and  all  such 
moneys,  funds,  credits,  and  property  shall  be  divided  and  apportioned  to 
the  respective  unorganized  territory  in  the  old  and  in  the  new  county  in 
proportion  to  assessed  valuation  of  taxable  property  in  such  unorganized 
territory,  respectively,  in  such  old  and  new  county,  at  the  last  assessment 
thereof.     (Sec.  1,  c.  279,  1911.) 

392.  Board  of  apportionment — In  'cases  provided  by  section  1  and  in 
case  the  county  boards  of  education  of  the  old  and  new  counties  shall  fail 
to  meet  pursuant  to  the  notice  provided  in  section  1  of  this  act,  the  county 
superintendents  of  the  old  and  new  county  or  counties  and  the  state  super- 
intendent of  public  instruction,  or  his  deputy,  shall  constitute  a  board  of 
apportionment,  and  upon  the  written  application  of  the  county  board  of 
education  of  either  county  affected  shall  make  a  division  of  all  the  moneys, 
funds,  credits  and  property  as  provided  in  section  1  of  this  act,  which  ap- 
portionment shall  be  in  writing  and  verified  by  the  state  superintendent  of 
public  instruction,  or  such  deputy,  and  by  at  least  one  of  the  county  super- 
intendents of  the  counties  affected,  and  filed  in  the  office  of  the  secretary 
of  state,  and  shall  be  final  and  conclusive.  Within  five  days  after  the  filing 
of  said  apportionment  the  secretary  of  state,  if  apportionment  is  made  as 
provided  in  this  section,  or  the  superintendent  of  schools  of  each  county  if 
such  apportionment  is  made  as  provided  by  section  1  of  this  act,  shall 
transmit  to  the  treasurers  of  the  counties  affected  by  said  apportionment 
a  certified  copy  of  such  apportionment"  and  application,  if  any.  (Sec.  2, 
c.  279,  1911.) 

393.  Duties  of  county  boards  and  officials — The  county  boards  of  edu- 
cation and  the  county  officials  of  the  old  and  new  counties  shall  forthwith 
after  such  division  and  apportionment  proceed  to  fulfill  and  carry  out  the 
terms  thereof,  determined  or  herein  provided.     (Sec.  3,  c.  279,  1911) 

394.  Districts  of  ten  or  more  townships — Trustees — How  elected — In 
all  common  school  districts  in  Minnesota  embracing  or  containing  ten  or 
more  townships,  the  trustees  and  members  of  the  school  board  shall  be 
elected  as  follows:     In  all  such  districts  existing  at  the  date  of  the  passage 


114         SCHOOL  BOARDS  IN  UNORGANIZED  TERRITORY. 

of  this  act,  the  trustees  and  members  of  the  school  board  shall  continue  to 
hold  their  respective  offices,  as  follows:  The  chairman  until  August  1 
following  the  next  biennial  general  state  election;  the  treasurer  until  one 
year  from  such  date,  and  the  clerk  until  two  years  from  such  date.  If  said 
terms  of  office  or  either  of  them  so  existing  at  the  date  of  the  passage  )f 
this  act  shall  expire  prior  to  said  dates,  that  is,  shall  expire  prior  to 
August  1  following  the  next  biennial  general  state  election,  and  one  year 
from  said  date,  and  two  years  from  said  date,  as  above  stated,  then  and 
in  that  event  the  expiration  of  such  term  shall  constitute  a  vacancy,  and 
such  vacancy  shall  be  filled  as  provided  by  sections  1316  and  1317  of  said 
Revised  Laws  of  1905,  as  amended  hereby.  At  the  first  meeting  of  each 
newly  created  or  organized  district  hereafter  created  or  organized,  con- 
taining ten  or  more  townships  the  chairman  shall  be  elected  to  hold  office 
until  August  1  following  the  next  biennial  general  state  election,  the  treas- 
urer until  one  year  from  said  date,  and  the  clerk  until  two  years  from  said 
date.  At  the  first  biennial  general  state  election  held  after  the  passage  of 
this  act  in  common  school  districts  embracing  or  containing  ten  or  more 
townships,  and  at  the  first  biennial  general  state  election  held  after  the  or- 
ganization of  each  new  district  embracing  or  containing  ten  or  more  town- 
ships, and  in  each  biennial  general  state  election  thereafter,  there  shall 
be  elected  two  members  of  said  board,  such  members  being  elected  to  fill 
the  offices  expiring  respectively  August  1  after  such  election  and  one  year 
from  August  1  after  such  election,  the  term  of  office  of  one  to  commence 
August  1  in  the  year  following  his  election,  and  that  of  the  other  August  1 
in  the  second  year  following  his  election.  The  office  to  which  each  is  so 
elected  and  the  time  of  the  commencement  of  the  term  of  each,  with  the 
length  of  term,  shall  be  stated  on  the  ballot.  For  the  purpose  of  carrying 
into  effect  this  act,  and  so  as  to  enable  the  electors  in  each  of  such  dis- 
tricts embracing  or  containing  ten  or  more  townships  to  elect  officers  at 
such  biennial  general  state  election,  the  general  election  laws  of  this  state, 
including  the  primary  election  law,  shall,  so  far  as  possible,  be  applicable 
hereto,  and  the  candidates  for  said  offices  shall  file  for  nomination  and  be 
chosen  and  nominated  and  their  names  placed  upon  the  ballot,  under  and 
pursuant  to  the  provisions  of  said  general  election  law  and  the  primary 
election  law  in  this  state,  and  such  general  election  law  and  primary  elec- 
tion law  shall  be  made  applicable  hereto  and  carried  out  by  the  officers 
and  persons  having  the  performance  and  enforcement  thereof,  except  that 
a  separate  ballot  box  shall  be  used  and  voters  need  not  register.  The 
votes  shall  be  returned  and  canvassed  and  the  persons  elected  notified  in 
the  same  manner  as  in  the  election  of  county  officers.  (Sec.  1311,  R.  L. 
1905,  as  amended  by  sec.  1,  c.  187,  1909.) 

395.  Proceedings  to  be  published — In  all  school  districts  embracing  or 
containing  ten  or  more  townships,  the  school  board  shall  publish  in  a  legal 
newspaper  in  the  district,  or  if  there  be  no  such  newspaper  published  in 
the  school  district,  in  a  legal  newspaper  published  in  the  county,  to  be 
designated  by  the  county  commissioners  annually,  the  proceedings  of  such 
board  within  thirty  days  after  such  proceedings  are  had.  (Sec.  1,  c.  361, 
1911.) 

396.  Construction   of  word   "proceedings'' — The  term  "proceedings"  as 


SCHOOL   BOARDS    IN   UNORGANIZED    TERRITORY.  115 

used  in  this  act  shall  include  a  statement  of  all  propositions  submitted  by 
motion  or  resolution,  or  otherwise,  to  such  board,  including  the  number  of 
votes  for  and  against  all  reports  made  to  such  board,  and  its  action  there- 
on, and  an  abstract  of  all  claims  allowed,  giving  name  of  claimant  and 
amount  and  general  purpose  of  the  claim.     (Sec.  2,  c.  361,  1911.) 

397.  Public  examiner  to  make  annual  inspection — The  state  public  ex- 
aminer shall,  at  least  once  in  each  year,  make  examination  of  the  books 
and  records  of  all  districts  affected  by  this  act,  and  the  school  district  shall 
pay  the  costs  and  expenses  of  making  such  examination.  (Sec.  3,  c.  361, 
1911.) 

398.  Compensation  of  members  of  school  board — In  all  common  school 
districts  composed  of  ten  or  more  townships  each  member  of  the  school 
board  in  such  districts  shall  receive  as  annual  compensation  for  his 
services  as  a  member  of  such  board  the  amounts  herein  stated,  to-wit: 

Two  hundred  dollars  ($200)  a  year  where  such  district  contains  thirty 
public  schools;  four  hundred  dollars  ($400)  a  year  where  such  district 
contains  thirty-one  public  schools  but  less  than  sixty-one;  six  hundred  dol- 
lars ($600)  a  year  where  such  district  contains  sixty-one  public  schools 
but  less  than  ninety-one;  eight  hundred  dollars  ($800)  a  year  where  such 
district  contains  ninety-one  public  schools  or  more.     (Sec.  1,  c.  148,  1911  ) 

399.  Certain  expenses  to  be  paid — In  addition  to  their  salaries,  the 
members  of  the  school  board  in  such  school  districts  shall  be  paid  their 
actual  and  necessary  traveling  expenses  incurred  and  paid  by  each  of  them 
in  the  conduct  of  his  official  duties,  including  the  visitation  of  schools. 
Such  expenses  shall  be  paid  upon  duly  itemized  and  verified  vouchers  ap- 
proved by  the  board  and  filed  with  the  clerk  and  made  a  part  of  the  official 
records  of  the  school  board;  provided,  that  the  traveling  expenses  incurred 
by  the  members  of  the  school  board  in  any  such  district  in  any  year  shall 
be  limited  to  the  following  amounts,  as  hereinafter  provided:  One  hundred 
and  fifty  dollars  ($150)  where  the  number  of  schools  in  such  district  does 
not  exceed  thirty;  three  hundred  dollars  ($300)  where  the  number  of 
schools  does  not  exceed  sixty;  four  hundred  and  fifty  dollars  ($450)  where 
the  number  of  schools  does  not  exceed  ninety;  and  five  hundred  dollars 
($500)  where  the  number  of  schools  is  in  excess  of  ninety.  Such  salaries 
and  expenses  shall  be  paid  monthly  by  the  treasurer  of  such  school  district 
on  the  order  of  the  clerk,  countersigned  by  the  chairman.  (Sec.  2,  c.  148, 
1911.) 

400.  Tax  levy  to  be  made — A  levy  shall  be  made  in  such  common 
school  districts  to  pay  the  salaries  and  expenses  of  the  members  of  the 
school  board  in  the  same  manner  as  is  now  provided  by  law  for  mak'ng 
levy  for  the  support  of  public  schools  in  common  school  districts  com- 
posed of  ten  or  more  townships.     (Sec.  3,  c.  148,  1911.) 

401.  Not  to  issue  bonds  or  evidence  of  indebtedness  without  author- 
ity— No  independent  school  district  situate  wholly  or  in  part  within  any 
city  having  a  population  of  more  than  fifty  thousand,  and  now  empowered 


116  SCHOOL.   BOARDS   IN    UNORGANIZED    TERRITORY. 

to  issue  bonds,  either  with  or  without  the  approval  of  the  voters  of  such 
district,  shall  have  power  to  issue  any  bonds  or  any  evidence  of  indebted- 
ness unless  first  thereunto  authorized  by  a  two-thirds  vote  of  the  legisla 
tive  body  of  the  city  within  which  such  school  district  is  situate  in  whole 
or  in  part.    (Sec.  1,  c.  363,  1911.) 

402.  Under  certain  conditions — No  such  school  district  shall  have 
power  to  issue  bonds  or  any  evidence  of  indebtedness  running  more  than 
two  years,  whenever  the  aggregate  of  the  outstanding  bonds  and  evidences 
of  indebtedness  of  such  district  equals  or  exceeds  three  and  one-half  per 
cent  of  the  assessed  value  of  all  the  taxable  property  within  such  school 
district.     (Sec.  2,  c.  363,  1911.) 


INDEX 


(References  in  this  index  are  to  sections.) 

A 

Sections. 
ACCEPTANCE 

Persons  elected  or  appointed  district  officers  must  accept  and  'qualify...  46 

ACTIONS 

By  school  districts,  character  of  same 84 

Against  district,  in  what  cases 85 

When  trustees  resign,  brought  how  and  defended  how 86 

When  may  be  brought  by  director  or  freeholder Note.  84 

Against  district  after  change  of  name Note.  85 

AGE 

School  boards  may  exclude  pupils  under  six  years 144 

Between  what  ages  children  shall  attend 177 

Limit  of  as  to  children  who  can  be  employed 188 

Of  children  who  cannot  be  employed  when  public  schools  are  in  session.  189 

Children  under  16  limited  as  to  hours  of  work 195 

AGRICULTURE,    MANUAL  TRAINING  AND   DOMESTIC    ECONOMY 

What  high,   graded   or  consolidated  rural   schools  may   be   designated   to 

maintain   industrial   departments    128 

Applications  to  be  made  to  high  school  board 128 

Such  schools  to  employ  trained  instructors 129 

Qualifications  of  instructors  fixed  by  high  school  board 129 

Each  school  to  have  tract  of  land 129 

Instruction  in  such  departments  free  to  all  residents  of  district 130 

Such   schools  may   charge   non-resident  pupils   tuition 130 

Tuition  of  non-resident  pupils,  how  paid 130 

Character  of  instruction  in  agricultural  and  industrial  departments 130 

Such  designated  schools  each  to  receive  state  aid  not  exceeding  $2,500  per 

year 131 

Each  of  such  schools  to  receive  state  aid  of  $150  per  year  for  each  asso- 
ciated rural  school  district   131 

Limitation  as   to   state  aid    131 

Any  rural  associated  district  school  to  receive  as  state  aid  $50  per  year. .  131 

Appropriations  for  such   schools    132 

Procedure  to  effect  such  association   134 

In  case  of  association  the  high  or  graded  school  shall  be  known  as  the 

central    school    133 

Boards  "of  associated  rural  schools  to  hold  annual  meeting 135 

Boards  to  determine  the  tax  135 

Limitation  upon  such  taxes 135 

Such  taxes  to  be  certified  by  chairman  to  the  county  auditor 135 

Taxes  to  be  paid  the  treasurer  of  the  central  school 135 

Election  of  members  of  board  of  central  school 136 

Duties  of  associated  board    '. 136 

Duty  of  superintendent  or  principal  of  central  school 137 

Termination  of  relations,  when  and  how 13S 

Duty  of  county  auditor    139 

AID  (See  State  Aid) 

APPEAL 

Who  may  take  when  districts  are  consolidated 23 

Appeal    from    action    of    county    superintendent    suspending    or    refusing 

to  suspend  teachers'  certificates   274 

Who  may  appeal  when  certain  districts  are  changed  or  consolidated 10 

By  persons  from  order  of  county  board  dissolving  districts 53 

By  person  refused  teacher's  certificate,  to  state  superintendent 262 


118  INDEX. 

Sections. 
APPLICANTS 

For  teachers'   certificates,    examined   in   what 257 

APPROPRIATIONS  (See  also  State  Aid) 

Annual,   of  $50,000  for  common  schools   (school  lands) 140 

Manner   of   distribution    of    same 141 

Not  to  be  used  for  purchasing  school  sites  or  erection  of  buildings 142 

Duty  of  state  auditor  143 

Standing,   for  the  various  schools    117 

Standing,  for  certain  high  schools   120 

How   distributed   and   paid    124 

For  agricultural  and  industrial  departments 131 

For   common    schools 140 

How  distributed   141 

Not  to  be  used  for  purchasing  school  site 142 

Not  to  be  exceeded  by  board  of  regents  of  university 2S5 

For  university  fruit  farm    310 

For  school  libraries    161 

Webster's    dictionaries    161 

Standing,    for  office   of   state   superintendent 203 

Standing,    of  school   and  university   funds  for   investment 347 

Standing,   for  expenses  of  investment 348 

By  counties,    for  teachers'   institutes 243 

State,   for  expenses  of  teachers'   institutes 245 

Standing,   for  maintenance  of  state  university 301 

For  care  of  fruit  breeding  farm    310 

Standing,   for  maintenance  of  normal  schools 335 

By  counties   for  training  schools    243 

By    state,    for   training    schools 245 

ASSISTANT   COUNTY   SUPERINTENDENT    (See   County    Superintendent) 

ATTENDANCE  (See  Compulsory  Education) 

ATTORNEY   GENERAL 

Opinion    of   binding   until    annulled 70 

Duty  of  when  publisher  violates  text-book  law 172 

AUDITOR,  COUNTY 

Shall  keep  in  office  plats  and  descriptions  of  school  districts 8 

Duty  of  as  to  division  of  funds  when  new  districts  are  formed  or  boun- 
daries   changed    : 12 

Penalty  for  not  making  report  of  apportionment  to  state  superintendent.  99 

To  apportion  state  aid  among  districts,  when 10G 

To   report  amount   apportioned   to   each   district   to   state   superintendent, 

when    , 10S 

To   report   to   state   superintendent   number   of  pupils    in    the   county   and 

number  of  districts   sharing  in  the  apportionment 10S 

AUDITOR,   STATE 

To  draw  warrants  for  apportionments  of  state  aid 105 

B 

BALLOT 

Vote  on  change  of  common  or  special  to  independent  district  to  be  by...  17 
Vote  on  payment  of  salaries  of  members  of  common  school  board  to  be 

by    41 

District  officers  to  be  elected  by 37 

BASEMENT  ROOMS 

Use  of  prohibited  for  graded  school  purposes  in  certain  cities 352 

"Basement  rooms"   defined    353 

Penalty   for   violation    354 

BLANKS 

For  school  use,  to  be  distributed  by  state  superintendent 20*5 


INDEX.  119 

Sections. 
BOARDS   (See  School  Boards,  Officers,   School) 

BOARD  OF  CONTROL 

Divested  of  authority  over  university   280 

Financial  authority  of  over  certain  institutions,   what 28G 

BOARD  OF   EDUCATION   (See  School  Boards) 

BOARD  OF   INVESTMENT 

Composed  of  whom   297 

School  and  university  funds,  how  invested  by 297 

BOARD   OF   REGENTS  OF   UNIVERSITY   (See  University) 
BOARD  OF  TRUSTEES  (See  Common  School  District) 

BONDS 

Of   treasurers,   requirements   and  conditions 63 

Of  treasurers,   approval    Note.  63 

Amount  of  treasurer's  bond,   meaning  of Note.  63 

Of  district,  how  and  when  issued  by  boards 75 

Purposes  for  which  may  be  issued 77 

Vote  required  to  issue  bonds 7G 

For  loans  from  the  state 78 

Independent  districts  partly  or  wholly  within  a  city  of  fifty  thousand  or 

more  not  to  issue  bonds  or  evidence  of  indebtedness  unless  authorized 

by  two-thirds  vote  of  legislative  body  of  the  city 79 

Such  bonds  can  be  issued  only  under  certain  conditions 80 

Bonds  and  certificates   of   indebtedness   exempt  from   taxation  excepting 

that  provided  for  by  chap.  288,  Laws  1905 81 

Treasurer  of  district  may  invest  sinking  funds  in  certain  bonds  when  duly 

authorized   82 

Treasurer  and  his  sureties  not  liable  for  loss  on  such  bonds 83 

For  playgrounds  in  cities  of  50,000  or  more 370 

How    issued    371 

Not  to  run  for  more  than  30  years 372 

Applicable  to  what  cities   373 

By  certain  cities  for  purchase  of  school  grounds,  etc 377 

Issued  irrespective  of  present  indebtedness 378 

Not  to  run  longer  than  30  years,  how  issued 379 

Not  applicable  to  certain  cases 380 

Of  president  and  secretary  of  board  of  regents 288 

In  what,  permanent  school  and  university  funds  may  be  invested 297 

BOOKS  (See  Text-Books,  Dictionaries,  Libraries) 

BOUNDARIES,  CHANGE  OF  DISTRICT  (See  Common  School  Districts,  Dis- 
tricts Independent) 

BRANCHES 

Applicants  for  certificates  examined  in  what 257 

Special  certificates  by  state  superintendent,  to  teach  in,  what 276 

C 

CENSUS,  SCHOOL   (See  Compulsory  Education) 

CERTIFICATES  (See  Examinations  and  Certificates) 

CHAIRMAN 

Duties   of    64 

Compensation   of,   fixed   when  and   how 64 

"Limitation  as  to   64 


120  INDEX. 

Section?. 
CHILD  LABOR 

Unlawful  to  employ  child  under  certain  age 18S 

When  school  is  in   session   certificate  required ' 1S9 

Superintendent  of  schools  to  issue  certificate 190 

Requisites   and  contents  of  certificate 191,  192 

School  record,   requisites  of   193 

Reports  by  superintendents  and  boards   194 

Hours   of  limitation    195 

Penalty  for  violation  of  law 196 

Labor  department,   duties  as  to 197 

Prohibited    occupations    198 

Certificate  of  physician,   when   required 199 

CHILDREN 

Permitted  to  attend  school  in  adjoining  district,  in  certain  cases 57 

Mode  of  procedure  to  secure  such  attendance 57 

May  receive  instruction  in  adjoining  districts  in  certain  cases 50 

Board  may   furnish  free   transportation   for 50 

CIGARS  (See  Tobacco) 

CIGARETTES  (See  Tobacco) 

CITIES   (Bonds  of,   See  Bonds) 

Boards  of  education  in  to  contract  for  books,   supplies,   etc 374 

Have  the  right  of  eminent  domain  for  school  sites,  etc 376 

CITY  SUPERINTENDENTS 

Penalty  for  violating  text-book  law 17B 

Duties  of  as   to  child  labor 190,  194 

CLERKS 

To  keep  books  and  records 61 

To  notify  persons  elected   to  office 61 

To  make  certified  annual  reports  to  county  superintendents;  contents  of 

same   61 

Record  book,  contents    61 

To  keep  itemized  account  of  expenses 61 

In  common  districts  report  to  county  superintendent  time  of  commence- 
ment of  school   61 

To  furnish  county  auditor  attested  copy  of  records 61 

To  draw  and  sign  orders 61 

Cannot  issue  orders  to  unlicensed  teacher Note.  61 

Compensation  of  in  common   districts 67 

In  independent  68 

In  special   69 

Clerk  in  special  district. may  be  appointed  by  board  of  education 69 

Penalty  for  failure  to  make  any  report  required  by  law 95 

For   drawing   illegal   orders 96 

For  neglecting  to  keep  or  deliver  records 97 

For  dealing  in  school  supplies 98 

COLOR 

Classification   of  pupils  as  to,   prohibited 93 

Districts  classifying  as  to,  excluded  from  apportionment 93 

COMMON     SCHOOL     DISTRICTS    (See    Districts,    School;    School    Boards; 
School  Meetings) 

Numbered  consecutively  in  each  county  and  each  known  by  its  number  1 

Area   of    2 

How   formed 2 

Petition  for  forming;   contents  of 3 

Notice   of  hearing    4 

Proceedings    on    hearing 5 

Order  to  be  made  by  county  board 5 

Setting  off  land  to  adjoining  district,  order  of  county  board 6 


INDEX.  121 

Sections. 

Districts  to  be  composed  of  adjoining  territory 7 

Plats  and  description  of  districts  to  be  kept  by  county  auditor 8 

Appeal  from  order  of  county  board,  by  whom 9 

Change  of  boundary  lines,  and  in  villages  or  cities  of  not  more  than  7,000 

inhabitants    10 

Order  of  county  board,  who  may  appeal  from 10 

Division  of  funds  when  new  districts  are  formed  or  boundaries  changed.  11 

Division  of  funds,  duty  of  county  auditor 12 

Proceedings  when  districts  lie  in  two  or  more  counties 13 

May  be  changed  to  independent  districts 15 

Notice   of  meeting    16 

Vote  upon  change 17 

Meeting   to    elect   officers IS 

When  boundaries  are  changed,  rehearing,  how  had 20 

May  be  consolidated,  how 21,  24 

Duties   of   county   superintendent    as    to 22 

Election    of   officers    23 

Certificate  by   officers    25 

Powers  of  consolidated  board  26 

Procedure  for  receiving  state  aid 27 

Aid  for  the  various   districts 2S 

Annual  meeting  of  common  districts  may  authorize  clerk  to  mail  notice 

of  annual  and  special  meeting   32 

Vacancy  in  board  of  districts  containing  less   than  ten  townships,   when 

and  how  filied    44 

Same    in    districts    containing    ten    or    more    townships,    when    and   how 

filled     44 

Special  election  to  fill  vacancy  in  districts  containing  less  than  ten  town- 
ships      45 

Member  of  board   vacates   office  by  removing  from   district Note.  45 

Special  duties  of  board   59 

Officers  of  may  select  depositories  for  school  funds 71 

Not  allowed  additional  compensation  for  so  doing 74 

Interest  on  deposits  belongs  to  the  district 73 

Board  may  prosecute  action   in  name   of  district,   character  of  same....  81 

Board  to  furnish  free  text-books,  when 169 

Limitation  of  adoption  of  or  contract  for  free  text-books 169 

Proposition    to    furnish    free    text-books,    how    submitted    to    board    and 

voters   of  district    170 

Board  has  authority  to  furnish  necessary  books  to  indigent  pupils 171 

Exercises  in,   on   "Minnesota  Day" 20S 

Powers  of  board  in  epidemics  of  smallpox,  etc 349 

Boards  of  may  prosecute  action  in  name  of  district,  character  of S4 

COMPENSATION   (See  Officers,  District;  Clerk,  Treasurer,  Chairman) 

COMPULSORY    EDUCATION 

Children  between  what  ages  must  attend  school,   when 177 

Excuses  for  not  sending  children  to  school 177 

Clerk  of  board  to  keep  record  of  excuses 177 

Duty  of  school  board    178 

Duty  of  county  superintendent,  principal,  teacher,  etc 179 

Parents  and  persons  guilty  of  misdemeanor,  when 180 

School   officers,    truant   officers,    teachers,    city  and   county   superintend- 
ents guilty  of  misdemeanor,   when 181 

Duty  of  commissioner  of  labor 182 

School  census  of  all  children  between  six  and  sixteen,  to  be  taken  when.  183 

School  census  to  be  taken  by  the  clerk  of  the  school  board 183 

Census  shall  show  what   183 

Compensation  of  clerk  for  taking  same 183 


122  INDEX. 

CONDEMNATION  (See  Eminent  Domain) 

CONSOLIDATION  OF   DISTRICTS  actions. 

Procedure  to  consolidate  school  districts 21,  24 

How  classified  to  receive  state  aid 21 

Duties   of  county   superintendent   before   consolidation 21-23 

Vote  upon  consolidation  23 

Funds,  etc.,  of  districts  consolidated  to  be  turned  over  to  new  district...  25 

Powers   of   consolidated   board 26 

Title    to    property   after    consolidation 30 

CONTRACTS  (See  also  Teachers) 

With  teachers,  made  at  meetings  of  board  called  for  that  purpose 247 

Must  be  in  writing 247 

How  executed:     In  common  districts 247 

In  independent  districts    247 

When  teacher  is  related  to  member  of  board 247 

In  excess  of  tax  by  districts,  void 113 

CORPORAL  PUNISHMENT 

May  be  given  in  a  reasonable  and  moderate  manner 15S 

COUNTY  ATTORNEY 

Shall    institute    proceedings    against    school    officials    for   violating  com- 
pulsory education  law   101 

To  examine  reports  of  county  public  examiner 344 

COUNTY  AUDITOR  (See  Auditor,  County) 

COUNTY  BOARDS  OF  EDUCATION   (See  Unorganized  Territory) 

COUNTY  PUBLIC   EXAMINER 

In    counties    having   a   population    of   more   than    100,000,    etc.,    how   ap- 
pointed      336 

Qualifications   of    337 

Compensation    of    338 

Powers  and  duties  of  339 

Officials  refusing  to  furnish  information  to,  penalty  for 340 

Reports    of    341 

Criminal  proceedings,  when  and  how  instituted  by 342 

Persons  refuging  to  deliver  books  and  papers  to,  penalty  for 342 

To  examine  certain  records   343 

May  employ  assistant  examiners 345 

Compensation    of    345 

Reports  of  to  be  examined  by  county  attorney 344 

Books  and  records  to  be  delivered  to,  by  officials 346 

COUNTY  SUPERINTENDENTS 

Duty  of,  when  districts  are  to  be  consolidated 21-23 

Penalty  for  failure  to  make  certain  reports 100 

To  make  complaint  to  county  attorney  of  violations  of  compulsory  edu- 
cation law    101 

Duty  of  when  text-book  law  is  violated 167 

Penalty   for   violating   text-book   law 175 

Duty  of  as  to  child  labor 190,  194 

Election,  term  of  office 209 

At  expiration  of  term  to  deliver  records  to  county  auditor 210 

Duties    and    reports    211 

May  call  meetings  of  district  officers 212 

Record  book  of  teachers'  certificates  to  be  kept  by 213,  214 

To  forward  to  teachers  and  clerks  blanks  and  circulars 215 

Annual  report  to  state  superintendent  by 216 

Annual  report  to  county  auditor  by 217 

Penalty  for  failure  to  make  reports 218 

May  appoint  deputy,   when 219 

May  appoint  assistant  in  counties  225,000  people  or  more 220 


INDEX. 


123 


Sections. 

May  hold  county  institutes,  when  and  how 221 

Expenses  of  audited  and  allowed   by  county  board 222 

Salary  of  to  be  fixed  by  county  board 223 

Salary  of,   amount  and  how  reckoned 223 

Applicable  only  to  certain  counties 223 

Itemized  and  verified  bills  for  postage  and  other  expenses  to  be  paid  by 

county  board   224 

Authorized  to  appoint  assistants  in  counties  of  certain  population 225 

Qualifications  and  salaries  of  such  assistants 225 

May  suspend  teachers'   certificates,  when  and  how 274 

Causes  for  such  suspension  275 

Shall  file  statement  of  such  suspension 275 

Causes  for  suspension  of  certificates : 275 

Shall  keep  records  concerning  teachers'   certificates  and  diplomas 278 

To  notify  teachers  of  the  holding-  of  institutes  and  training  schools 241 

D 

DEPOSITORIES  FOR  SCHOOL   DISTRICT   MONEYS 

For  school  funds,  how  selected 71 

Treasurer  exempt  for  loss  of  funds  deposited 72 

Treasurer  liable  for  loss  of  funds  not  deposited Note.  73 

Interest  on  deposited  funds  belongs  to  district 73 

Officers  not  allowed  compensation  for  depositing  funds 74 

DICTIONARIES  (See  Webster's  Dictionary) 

DIPLOMAS 

May  be  accepted  in  place  of  examination,  how 269 

From   state   normal   schools   or  department   of  agriculture,    valid   as  first 

grade  certificates    271 

Elementary,  granted  by  normal  schools,  valid  as  first  grade  certificates..  272 

Exception    272 

Record  of  in   county  superintendent's   office 27S 

DISTRICTS,  COMMON   (See  Common  Districts) 

DISTRICTS,    INDEPENDENT 

Known  by  names  or  numbers 1 

How    organized    2 

Area  of   , 2 

Petition   for   forming;    contents   of 3 

Notice  of  hearing,    how   served 3 

Proceedings   on    hearing    5 

Order  to  be  made  by  county  board 5 

Setting  off  land  to  adjoining  district,  order  of  county  board 6 

Districts  to  be  composed  of  adjoining  territory 7 

Plats  and  description  of  districts  to  be  kept  by  county  auditor 8 

Appeal  from  order  of  county  board,  by  whom 9 

Change    of   boundary   lines,    and   in   villages   or   cities   of   not   more   than 

7,000  inhabitants   10 

Order  of  county  board,  who  may  appeal  from 10 

Division  of  funds  when  new  districts  are  formed  or  boundaries  changed.  11 

Proceedings  when  districts  lie  in  two  or  more  counties 13 

May  be  changed  to  common  districts 19 

When   boundaries   are   changed,    rehearing,   how   had 20 

May   be    consolidated,    how 21,  24 

Duties  of  county  superintendent  as  to 22 

Election    of   officers    23 

Certificate  by   officers    25 

Powers   of  consolidated  board    2G 

Procedure  for  receiving  state   aid 27 

Aid  for  the  various  districts 28 

In  independent  districts  school  board  to  consist  of  six  directors 42 


124  INDEX. 

Sections 

President  of  board  entitled  to  vote Note.  42 

Organization  of,  when  and  how 43 

Board  to  consist  of  chairman,  clerk  and  treasurer 43 

Board  may  elect  superintendent  by  "Aye"  and  "Nay"  vote Note.  43 

An  "acting"  president  cannot  countersign  orders  or  warrants Note.  43 

Vacancy  in  board  of  districts  containing  less  than  10  townships,  when 

and  how  filled  44 

Same  in  districts  containing  10  or  more  townships,  when  and  how  filled.  44 
Special  election  to  fill  vacancy  in  districts  containing  less  than  10  town- 
ships      45 

Member  of  board  vacates  office  by  removing  from  district Note.  45 

Powers  and  duties  of  board 48 

Additional   powers   of   board 5S 

Special    duties    of    board 60 

Officers  of  may  select  depositories  for  school  funds 71 

Interest  on  deposits  belongs  to  the  district 73 

Board  may  prosecute  action  in  name  of  district,  character  of  same 84 

Board  to  furnish  free  text-books,  when 169 

Limitation  of  adoption  of  or  contract  for  free  text-books 169 

Proposition  to  furnish  free  text-books,  how  submitted  170 

Board  has  authority  to  furnish  necessary  books  to  indigent  pupils 171 

Exercises  in,   on   "Minnesota  Day" 20S 

Powers  of  board  in  epidemics  of  smallpox,   etc 349 

DISTRICTS,  JOINT 

Is  one  situated  in  two  or  more  counties 1 

DISTRICTS  OF  TEN   OR    MORE  TOWNSHIPS 

Compensation  of  officers  in,  to  be  determined  at  annual  meeting 41 

Vacancy  in  board,  when  and  how  filled ." .  41 

Special  election  to  fill  vacancy 45 

DISTRICTS,   SCHOOL 

Are  bodies   corporate    1 

Area  of   2 

How    formed    2 

Petition  for  forming;   contents  of    3 

Proceedings   on   hearing    5 

Order  to  be  made  by  county  board 5 

Setting  off  land  to  adjoining  district,  order  of  county  board 6 

Districts  to  be  composed  of  adjoining  territory 7 

Plats  and  description  of  districts  to  be  kept  by  county  auditor 8 

Appeal  from  order  of  county  board,  by  whom 9 

Change  of  boundary  lines  and  in  villages  or  cities  of  not  more  than  7,000 

inhabitants 10 

Order  of  county  board,  who  may  appeal  from 10 

Division  of  funds  when  new  districts  are  formed  or  boundaries  changed.  11 

Division   of  funds,   duty  of  county  auditor 12 

Proceedings  when  districts  lie  in  two  or  more  counties 13 

When  boundaries  are  changed,  rehearing,  how  had 20 

May  be  consolidated,  how 21,  24 

Duties  of  county  superintendent  as  to 22 

Election  of  officers    23 

Certificate   by    officers    25 

Powers  of  consolidated  board 26 

Procedure   for   receiving   state   aid 27 

Aid  for  the  various   districts 28 

Shall  not  classify  pupils  with  reference  to  race,  color,  etc 93 

DISTRICTS,  SPECIAL 

May  be  changed  to  independent  districts 15 

Notice  of  meeting    16 

Vote  upon  change 17 

Meeting   to   elect   officers    18 

Time   of  annual   meeting,    how   fixed 31 


INDEX.  125 

* 

E 

Sections. 
EMINENT    DOMAIN 

Cities   of   50,000    or   more   have   right    to    condemn    land    for   school    sites, 

etc 376 

Board  of  regents  has  right  to  exercise  right  of 295 

Exercise  of  to  acquire  school  sites  by  certain  cities 37fi 

EXAMINATIONS    AND    CERTIFICATES 

A.  Common    School    Examinations   and   Certificates 

Certificates,    three   grades    of 250 

Requisites   for   granting   same 250 

Second  grade  certificates,  limited,  may  be  given  by  county  superintend- 
ent to   certain   persons    251 

County  superintendent  may  issue  third  grade  certificates,  when 252 

Second  grade  certificates  may  be  issued  to  what  persons 253 

Qualifications   necessary   to  receive   first   giade   certificates 254 

Teachers'   examinations  twice  a  year  in  each  county 255 

Notice   ot   to   be  given   by   state   superintendent 255 

Free  use  of  school  houses  and  school  rooms  for 255 

Local   expenses   of  paid   by  county 256 

Expense   incurred   by    state    superintendent 25*5 

To  be  paid  from  fund  for  teachers'   institutes 256 

Branches    of    examination     257 

Examinations,    by   whom   conducted    25S 

Examinations,    marking    of    259 

High  and  normal  school  certificates  may  be  accepted,  when %  260 

Certificates,  first  and  second  grade,  may  be  renewed 261 

Such   renewed   certificates  valid,    in   what  grades -. 261 

Persons  to  whom  certificates  are  refused  may  appeal,  to  whom 262 

Certificates  may  be  suspended  by  county  superintendent 274 

Holder  of  suspended  certificate  may  appeal  to  state  superintendent 274 

Action   of  state  superintendent   on  appeal  final 274 

County   superintendent   refusing   to   suspend   certificate 274 

State    superintendent's   action   final    274 

County  superintendent  to  file  statement  of  suspension  of  certificates 274 

Statement   to   give  reasons   for  suspension 274 

Copy  of  statement  to  be  delivered  to  teacher 274 

Causes  for  revocation  or  suspension   of   certificates 275 

Certificates   to  be   filed  for  record   with  county   superintendent 277,  278 

B.  Professional   Examinations  and  Certificates 

Professional  certificates  issued   to  whom 263 

Holder   of   authorized   to   teach,    where 263 

Shall  remain  in  force  how  long 263 

When    becomes    void 263 

Examinations    for,    held   by   state   superintendent 264 

Examinations    for,    subjects    covered    by 265 

Second  grade   granted,    to   whom 26fi 

First   grade   granted,    to   whom 267 

Professional  permit  may  be  issued  by  state  superintendent,  to  whom...  268 

Length   of  time  valid,   and  authority   of 268 

Certificates  and  diplomas  may  be  accepted  in  place  of  examinations 269 

Certificates   of  graduation   from    certain   departments   of   state   university 

valid  as   first  grade   professional   certificates 270 

Valid,    how   long    270 

Shall  have  force  of  permanent  first  grade  certificates,  when  and  how....  270 

Diplomas  from  normal  schools,   valid  as  first  grade  certificates 271 

Valid   how   long    271 

Shall  have  force  of  first  grade  certificates  for  life,  when  and  how-. 271 

Elementary  diplomas  from  normal  schools  valid  as  first  grade  certificates, 

when    272 

Valid   for  three  years,   may   be  renewed,    how 272 


126  INDEX. 

Sections. 
Normal   school    certificates    to    be    endorsed    by    superintendent   of    public 

instruction 273 

Special  certificates  may  be  issued  by   state  superintendent 276 

Holders  of  such   certificates  authorized   to   teach   what  branches 276 

EXCUSES  (See  Compulsory  Education) 

EXECUTION 

When   may   be   issued  against   school   district 89 

F 
FINES,  FORFEITURES,  ETC.  (See  Penalties) 
FORESTRY   (See  University  of  Minnesota) 

FRATERNITIES  AND   SECRET  SOCIETIES 

Forbidden    in    the    public   schools 151 

FREE  ADMISSION   (See  Tuition) 
FREE  TEXT- BOOKS   (See  Text-Books) 

FUNDS,  SCHOOL 

Division   of  when  new  districts  are  formed   or  boundaries   changed 12 

'Of  nominal   districts,   how   distributed,    upon    dissolution 11 

District  funds   to  be  deposited   in  selected   depository 71 

Interest   on   same   belongs   to   the   district 73 

State  apportionment  of,   how   and   when  made 101 

Conditions  entitling  to Notes.  104 

State  auditor's   warrants  for    105 

County    apportionment    of,    how    made 106 

County  apportionment  may  be  allowed  or  withheld,  when Notes.  10G 

Apportionments    in    new    districts 107 

County  auditor  to  make  report  of  apportionment,   when   and   to   whom..  103 

Fines    and    penalties,    how    apportioned 109 

G 
GIFTS  (See  University  of  Minnesota) 
GRADED   SCHOOLS    (See  Public   Schools) 
GRADED   SCHOOLS,  SEMI    (See  Public   Schools) 
GUARDIANS   (See  Parents  and  Guardians) 

H 

HIGH  SCHOOLS  (See  Public  Schools) 

HIGH    SCHOOL    BOARD 

Of  whom    composed,    how   appointed 231 

Entitled   to  expenses   but   no   compensation 231 

Duties   of  as   to   examinations,    etc 232 

Powers  of   on  application   for   state   aid 233 

Records  and  annual   reports   of 234 

Contents    of    reports     234 

Shall    appoint    inspectors,    assistants    and    examiners 235 

Duties    of    inspectors     23G 

May    appoint    county    superintendents    to    inspect    and    examine    schools, 

when     237 

County  superintendents  may  be  authorized   by   to  appoint   assistants   to 

make    examinations,    etc 23S 

HOLIDAYS 

What   are;    also    school    holidays 117 

HYGIENE 

Instruction   in   to  be  given   in   the  public  schools lift 


INDEX.  127 

I 

Sections. 
INDEBTEDNESS    (See  Bonds) 

INDEPENDENT   DISTRICTS   (See  Districts,   Independent) 

INJURIES 

To   houses    of   worship,    school   building's   and    school    property,    penalties 
for    103 

INSPECTORS 

School,    in   certain    cities,    how   elected 350 

How    nominated     351 

INSTITUTES    (See  Teachers) 

INSTRUCTION 

As  to  distinctive  religious   teaching's   not   permissible Note.  149 

To  be  given   in   English   lang-uage 148 

May   be   given   in   foreign    language,    how 148 

In   foreign   languag-e,    penalty   for  violating- Note.  148 

Pupils   may   receive   in   adjoining  district,    when 50 

In    morals,    hygiene,    physiology,    and    in    the    effects    of    narcotics    and 

stimulants     1 1& 

In   public   schools   on   Minnesota  Day 208 

Sectarian,    prohibited    in   university    301 

INTEREST 

Interest  on  funds   in  selected  depository  computed  on  monthly  balances.  73 

Such    interest   belongs    to    the    district 73 

J 

JOINT  DISTRICTS  (See  Districts,  Joint) 

JUDGMENTS 

Against    districts,    how    paid 87 

Against  districts,   out  of  what  money  paid Note.  S7 

Against  districts,   paid  out  of   money   not   otherwise   appropriated 87 

When  and  how  treasurer  to  pay  same S7 

When  treasurer  personally  liable  for  not  paying 87 

Tax   levy   for   payment    of S8 

When   execution   may   issue   against   district ^ 89 

Satisfaction    of,    how    made 90 

K 

KINDERGARTENS 

May  be  established  by  boards   in   independent   districts 58 

L 
LANGUAGE  (See  Instruction) 

LIBRARIES,   SCHOOL 

Library   board,    how   constituted,   and   duties    of 159 

State    aid    for,    conditions    of 160 

Standing    appropriation    for    161 

Purchase   of  books   for   in   certain   districts 16? 

Purchases   to   be   made   from   special   appropriations 162 

LIMIT  (See  Taxes) 

M 
MEETINGS   (See   School  Meetings) 

MINNESOTA    DAY 

"Minnesota  Day"  to  be  designated  by  superintendent  of  public  instruc- 
tion              207 

Character   of   exercises   in   public   schools    on   that   day 208 


228  INDEX. 

MISCELLANEOUS  LAWS  Sections 

Public  examiner  in  certain  counties.     (See  County  Public  Examiner.) 
Moneys    in    state    treasury    to    credit    of    permanent    school    funds,    etc., 

appropriated   for   investment    347 

Standing  appropriation   for  expenses   of   investment 348 

Powers   of  state  board   of  health  and  school   boards  as  to   sanitary  con- 
ditions  in    schools,    etc 349 

School   inspectors  in  cities  of  less   than  10,000;   how  elected '  350 

How    nominated    351 

Basement  rooms  prohibited  for  graded   school  purposes  in  certain  cities.  352 

Exceptions     352 

"Basement   rooms"    denned    353 

Persons   violating   the   law,    penalty   for 354 

Eleven   mill  tax  for  school   purposes   in   districts   of  not  less   than   20,000 

nor   more   than    50,000    inhabitants.... 355 

Provisions  apply  to  districts  existing  under  general  or  special  law 35G 

Twenty  mill  tax  authorized  for  school  purposes  in  certain  school  districts  357 
Members    of  board    of   education   in   cities   of   less   than    10,000   and   more 

than   40.000   inhabitants,    how   and   when   elected 358 

May   be   nominated   same   as   other   city   officers 359 

Formation,  alteration   or  consolidation   of  districts,   etc.,   in   two  or  more 

counties,    procedure    in    360 

MODEL  SCHOOLS 

May   be  organized   in   connection   with   normal  schools 32G 

MONTH,   SCHOOL 

Shall    consist    of    four   weeks 46 

MORALS 

Instruction    in   to  be   given   in   public    schools 149 

N 
NARCOTICS 

Instruction  as  to  effects  of,  to  be  given  in  public  schools H9 

NATIONALITY 

Pupils   cannot   be   classified   as   to    ^3 

Penalty    for    53 

NOMINAL    DISTRICTS 

When  and   how   may  be   dissolved 1' 

Funds   of,    how    distributed   upon   dissolution 1* 

NORMAL   SCHOOLS 

State   normal   board,    may  appoint   purchasing   agent 282 

Duties    of    such    agent    282 

Statements    of    purchasing    agent 283 

State  board   of  control  has  authority   relating  to  new  buildings,   etc 286 

Such   board   shall   prepare   plans   and    specifications 286 

Shall  consult  with  local  board  in  respect  to  same,   etc 286 

Shall   not   let   contracts   without  advertising   for  bids 2S6 

Names    and    location    of    schools 325 

Model   schools   may   be   organized    in    connection   with 32C 

Tuition   in,    free   to   intending   teachers,    when 327 

Tuition  for  other  students  to  be  fixed  by  the  board 327 

Educational   management   of   in  board    328 

Directors    appointed,    how    32S 

"Vacancies  in  board  to  be  filled  by  governor 328 

Board   to   determine  ages   between   which   children   may   be   received    in 

model    school    Note.  328 

Summer  session   of,   appropriations  for 329,  330 

Annual   meeting    of   board 331 

General    duties   of   board    332 

Annual    report    of    presidents,    contents    of 333 

Compensation  of  members  of  board  for  actual  expenses 334 

Standing  appropriation   for  expenses   and   maintenance 335 

Diplomas  of  valid  as  first  grade   certificates 271 

Elementary    diplomas    valid    as    first   grade    certificates 272 


INDEX.  129 

o 

OFFICERS,   SCHOOL    (See   School  Boards,   Clerks,   Treasurers,   Chairman) 

P 

PARENTS,   GUARDIANS,   ETC. 

Penalty  for,   for  refusing  to  send  children  to  school ISO 

PENALTIES 

For  excluding  pupils  from  school  on   account  of  race,   color,   etc 91 

Children  of  parents  paying  no  taxes  cannot  be  excluded  from  school. Note.  9L 
For  treasurer    using    money    applicable    for    teachers'    wages    for    other 

purposes     92 

For  improper    classification    of    pupils 93 

For  refusing   to   serve   on   school    board 94 

For  members   of  board  neglecting  to  provide  school  voted  for Note.  94 

For  failure    of    clerk    to    report 95 

For  clerk   drawing   illegal    orders 9G 

For  clerk   neglecting  to  keep  or  deliver  records 97 

For  officers   or  teachers   dealing  in   supplies 98 

For  county  auditor  failing   to   report   to   state   superintendent   apportion- 
ment required  by  law    99 

For  failure    of    county    superintendent    to    report    to    the    county    auditor 
the  abstract  of  district   clerks  and  teachers'   reports,    or  to  make  his 

statistical    report    100 

For  failure    of    officers    to    perform    duties    imposed    by    the    compulsory 

education    law    101 

For  smoking  or  using  cigarettes,   cigars  or  tobacco 102 

For  injuring  houses  of  worship,   school  buildings   and   property 103 

For  giving  instruction   in   foreign   language,   in  violation   of   law.... Note.  148 

For  publisher   violating  text-book  law    173 

For  state   superintendent,   his  assistant  or  employes   violating   text-book 

law    174 

For  teachers,    county  and   city    superintendents    violating   same 175 

For  violating    child    labor   law    190 

For  officials   refusing  to   furnish   information   to   county   public   examiner  340 
For  persons  refusing  to   furnish  books,   papers,   etc.,    to  the  county  pub- 
lic   examiner     ., 342 

For  violation    of    basement    school    room    law 354 

For  violation    of   compulsory    education    law 180 

For  failure   of  teacher  to   make  report   to   county   superintendent 249 

For  persons   selling  liquor,    cigarettes,   etc.,   within   mile   of  university...  314 

For  officials  refusing  to  exhibit  books  and  records  to  public  examiner..  346 

PENSIONS   (See  Retirement  Fund  Associations) 

PERMITS 

Professional,    may   be   granted    by    state    superintendent 2fiS 

PHYSIOLOGY  AND   HYGIENE   (See  Morals,  and  Hygiene) 

POLLS 

How  long  to  be  kept  open  at  school  meetings 31 

How  long  to  be  kept  open  in  independent  districts  of  50,000  inhabitants 

or    over    33 

PROFESSIONAL   CERTIFICATES    (See  Examinations  and   Certificates) 

PUBLIC   SCHOOLS   (See  also  Schools) 

Definition    of    144 

Admission  to  and  tuition   therein   free   to  what  persons 144 

Board  may  exclude  all  children  under  six 144 

Board  cannot  exclude  children  of  legal  age Note.  144 

Board    may    exclude    pupils    for    using    tobacco Note.  144 

Residence  necessary  for  admission Notes.  144 

Management  and  discipline   of Note.  144 


130  INDEX. 

English  language  must  be  taught  in,   exception Notes.  144 

Corporal   punishment   in    Note.  144 

General  control  and  government  by   teacher  and   board 115 

Terms  of  school,   length  of   146 

School    holidays,     legal     holidays 146 

Holidays,    days   included    147 

Instruction,    books    to    be    used 14S 

Foreign    language,    when    may   be    taught 148 

Instruction    in    morals,    physiology   and    hygiene 149 

Religious  instruction  violative  of  constitution Notes.  149 

Classes   of    schools,    how    divided * •. . .  150 

High    schools,    requisites    of    151 

Graded    schools    defined    152 

Semi-graded   and   common   schools   defined 153 

Secret    fraternities    prohibited    154 

Rules    and    regulations    by    directors 155 

Power  of  directors  to  suspend  or  dismiss 156 

Soliciting   of   pupils   to  join   fraternities,   etc.,   a   misdemeanor 157 

Corporal    punishment    in     158 

Exercises    in,    on    "Minnesota   Day" 208 

PUBLIC   SCHOOL   LIBRARIES  (See  Libraries,   School) 

Q 

QUORUM 

Of    electors    at    annual    meeting 37 

Of  school  board   to   transact  business 47 

Rule  as  to,  when  part  of  members  refuse  to  vote Note.  47 

R 
RELIGION    rsee  Instruction) 

REPORTS 

Clerk's   annual  report   to   county  superintendent,    contents   of 61 

Annual,    of    district    treasurer 62 

Superintendents    in    independent    or    special    districts,    annual    to    state 

superintendent    65 

Penalty   for  failure  of   clerks   to  make 95 

Annual    cf   county   auditor   to   state   superintendent,    as    to    funds   appor- 
tioned       108 

Of  teachers  to  county  superintendents  of  children  not  attending  school.  178 

Of  district  clerks  of  children  having  excuses  for  not  attending  school..  178 

Annual,   of  truant  officer,   to  state  superintendent,    contents   of 187 

Of  superintendent  of  schools  as  to  names  of  children  to  whom  certificates 

of   employment   have   been   issued 194 

Same  as   to  chairman   of  school    board 194 

Of  state   superintendent   to   the  legislature 205 

Contents    of    205 

Of  county   superintendent   to  state   superintendent,    annual 210 

Of  county  superintendent   to  county  auditor 217 

Penalty   for   failure   to   make   report 21S 

Of  totv n    superintendent    to    school    board 228 

Of  high   school  board   to   state  superintendent,    contents   of 234 

Of   assistants    to    county    superintendent 238 

Of  teachers   to   county   superintendent,    contents    of 249 

Penalty    for    default    in    making 249 

Of  teachers   in  joint   districts,    to   county   superintendents 249 

Annual,  of  board  of  regents,  to  governor,  contents  of 292 

Of  president   of  university,   annual    to    state   superintendent 303 

Of  presidents  of  normal  schools  to  state  superintendent,   contents  of. . . .  333 

Of  county   public    examiner    to    county    commissioners 341 

Of   clerks    of    county   boards    of   education,    to    state    superintendent   and 

county    auditor    3S6 


INDEX.  131 

Sections. 
RETIREMENT  FUND  ASSOCIATIONS 

May  be  organized  in  cities  having-  a  population   of  more  than  10, 00$  in- 
habitants,   how     361 

Teaching  bcdy  to   form   plan  of  incorporation 362,  363 

Plan  to  be  approved  by  board   of  education 364 

Contributors   only    entitled   to  benefits 365 

Officers   of  associations   to   certify   for  taxation 366 

Limitation    as    to    tax    366 

Tax,    how    collected   and    disbursed 366 

Corporation  to  hold  and  dispose  of  real  estate 367 

Pro-rata  plan  to  be  provided   for    36£ 

"Teachers"    defined    369 

REVOCATION     OF    CERTIFICATES     (See    Examinations    and    Certificates, 
County  Superintendents,   Teachers,   State   Superintendent) 

RURAL  SCHOOLS  (See  Public  Schools) 

S 

SCHOOL    BOARDS 

Care,    management    and    control    of    common    and    independent    districts 

vested   in   school   boards 40 

Term    of    members    three    years 40 

In  common  district,  board  consists  of  chairman,   treasurer  and  clerk....  41 

Election   of  officers  in  district  containing  less    than  ten  townships 41 

Same  in  districts  containing  ten  or  more  townships 41 

Compensation   of  officers   to   be  fixed  at  annual  meeting 41 

Persons  elected   or  appointed  district  officers  must  accept  and  qualify. .  4G 

Powers    and    duties    of    48 

Additional    powers    of    board 49 

May   provide  for   instruction  of  pupils   in  adjoining  district 50 

May    dissolve    district,    when 51 

Petition    for.    contents     51 

Time    and    place    of    hearing    same 52 

Appeal    from    order,    by   whom, 53 

Territory    of    dissolved    district    to    come    under    jurisdiction    of    county 

board    of    education    54 

Outstanding  obligations   remain   a  charge   upon  the  property  of  the  dis- 
solved  district    55 

May   fix   terms   upon   which   children   may  attend   school   from   adjoining- 
district,    in    certain    cases 57 

May  prosecute  actions  in  name  of  district,   character  of  same 84 

To    furnish    free    text-books,    when 169 

Limitation  of  adoption  of  or  contract  for  free  text-books 169 

Proposition  to  furnish  free  text-books,  how  submitted  to  board  and  voters 

of  district    170 

Have  authority  to  furnish  necessary  books  to  indigent  pupils 171 

Powers  of  in  epidemics  of  smallpox,   etc 349 

Election   of  members  in   cities   of  less   than  10,000  and  more   than  4,000 

inhabitants    358 

How  nominated   359 

In  unorganized  territory  county  board  of  education  to  provide  for  educa- 
tion  of  children    381 

County  board  of  education   composed  of  whom 382 

Officers  of  the  board,   who 383 

Board  may  employ  clerk  for  county  superintendent,   salary  of 383 

Salary  of  members   of  board 384 

Board,    when    to    meet 385 

Duty   of    clerk    of   board 386 

Board  to  levy  taxes  to  provide  for  school,  teachers,  etc 387 

Board,  duty  of  as  to  school  houses,  etc 388 

Board,    power  of    389 


132  INDEX. 

Sections. 

District  may  be  organized  into  common  school  district,  when  and  how..  390 

Division  of  moneys  of  school  districts  between  old  and  new  counties 391 

Board   of  apportionment    392 

Board,  duty  of,  after  division  and  apportionment 393 

Boards  in  districts  of  ten  or  more  townships,  when  and  how  elected....  394 

Proceedings   of   board   to   be   published 395 

"Proceedings"    include   what    396 

Books  and  records  of  district  to  be  examined  by  public  examiner 397 

Compensation  of  members  of  board    398 

Certain   expenses  to  be  paid 399 

Tax  to  be  levied  to  pay  salaries  and  expenses  of  board 400 

Cannot  issue  bonds  or  evidence  of  indebtedness  without  authority 401 

Under  certain  conditions  cannot  issue  bonds  or  evidence  of  indebtedness  402 

SCHOOL  BOOKS   (See  Text-Books) 

SCHOOL   DISTRICTS   (See  Common  School  Districts,  Districts  Independent, 
School  Boards,  Districts  School) 

SCHOOL   INSPECTORS 

In  cities  of  less  than  10,000  inhabitants,   etc.,  how  elected 350 

How   nominated 351 

SCHOOL    MEETINGS 

Annual,  in  common  and  independent  districts,  when  held 31 

Annual,  notice   of,    contents   and   how   given 31 

Annual  and   special,    of   common   districts;    clerks   may  be  authorized    to 

mail    notice    32 

Annual,  polls  to  be  kept  open  at  least  one  hour 31 

Annual,  time  and  place  of  need  not  be  designated  at  preceding  meet- 
ing    Note.  31 

Annual,  notice  by   freeholders,   requisites   of Note.  31 

Annual,  second  ballot  at  cannot  be  had Note.  31 

Annual,  plurality  vote  and  not  majority,  necessary  to  elect  officers.  .Note.  31 

Annual,  may  be  held  open  until  business  is  finished 31 

Special,  when  and  how  held,   notice  of 34 

Powers  same  as  annual   Note.  34 

Requests  for,  priority  of Note.  34 

Duty  of  clerk  to  call Note.  34 

Who  to  preside  at Note.  34 

To  bond  district  to  build  new  school  house,  cannot  be  held  on  Memorial 

Day    Note.  34 

General,    women   may  vote  at 35 

Women,  rights  of  to  vote  and  hold  office Note.  35 

Women,  freeholders,    entitled   to   sign   petitions Note.  35 

Women  become  citizens  on  marrying  citizens Note.  35 

Women  may  vote  on  school  site  questions Note.  35 

Women  may  vote  on  issue  of  bonds,  when Note.  35 

No  property  qualification  required  to  entitle  a  person  to  vote Note.  35 

Records  of  prima  facie   evidence    36 

Powers  of  to  appoint    officers    37 

Powers  of  to  adjourn     37 

Powers  of  to  elect    officers    by    ballot 37 

Powers  of  to  designate  school  sites  and  provide  school  houses 37 

Powers  of  to  repeal  and  modify  prior  proceedings 37 

Powers  of  limited  by  the  law Note.  37 

Powers  of  as  to  school  sites,  how  exercised '.Notes.  37 

Powers  of  to  elect  officers,   how   exercised    Notes.  37 

Powers  of  to  build  school  houses Notes.  37 

Powers  of  do  not  extend  to  hiring  of  teachers Note.  37 

Powers  of  to  vote   length  of  school   terms Notes.  37 

Who  entitled  to  vote  at,   residence Notes.  37 

Powers  of  to  vote  taxes,  how  exercised Notes.  37 


INDEX.  133 

Sections. 

Powers  of  to  issue  bonds,  how  exercised Notes.  37 

Notice   of   annual   meeting   must   contain   a   provision   for  raising  money 

for  building  purposes    Note.  37 

Officers   elected   by  ballot;    by  acclamation   illegal 38 

Powers  of  to  vote  money  for  schools  and  supplies ' 38 

Powers   of  to   elect   officers   in   districts    of   over  300  voters    in    counties 

of  50,000  to  100,000  people    39 

SECRET  SOCIETIES  (See  Fraternities) 

SEMI -GRADED  SCHOOLS  (See  Public  Schools) 

STATE  AID 

Amount  of  standing  appropriation  to   the  various  schools 117 

Number  of  high  schools  in  any  one  county  included  in  any  apportionment 

limited    118 

High  school  board  to  certify  schools  to  which  appropriation  is  made,  and 

amount    apportioned    to    each 119 

Additional   amount   apportioned   to  certain   high   schools 120 

Amount  apportioned  to  certain  high  and  graded  schools  limited 121 

Common  schools,  how  classified  for  receiving  state  aid 122 

Annual  apportionment  to  be  made  to  semi-graded  and  common  schools.         123 
Amounts  that  semi-graded  and  common  schools  shall  receive,  limited  as 

to  the  different  classes 123 

Payment  of  appropriations  in  aid  of  the  various  schools,  when  and  how 

made    124 

Five  hundred  dollars  additional   to  certain  state  graded  schools 125 

One  thousand  dollars  additional  to  high  and  graded  schools  maintaining 

prescribed   course  in  agriculture,   home  economics   or  manual  training.         126 
Such  appropriation  not  applicable  to  any  school  receiving  aid  under  any 

other  act,  for  the  maintenance  of  industrial  courses 127 

STATE   BOARD  OF    HEALTH 

Powers   of  as  to  sanitary  conditions,   epidemics   of   smallpox,    etc 349 

STATE  HIGH  SCHOOL  BOARD  (See  High  School  Board) 
STATE  NORMAL  SCHOOLS  (See  Normal  Schools) 

STATE    SUPERINTENDENT 

To  make  annual  apportionment  of  state  aid  to  certain  semi-graded  and 

common   schools    123,  124 

Duty  of  when  text-book  law  is  violated 167 

Penalty    for,    for   violating   text-book    law 174 

Penalty  for  his  assistant  or  any  employe  violating  same 174 

General  supervision  of  schools  vested  in 201 

How    appointed    202 

Vacancy   in   office   of,    how   filled 202 

May   appoint   deputy,    when 202 

Salaries   and   expenses   of 203 

Duties    of 204 

Reports   of    205 

Blanks,    etc.,    distributed    by 206 

"Minnesota  Day"    to   be  designated  by 207 

To  endorse  state  normal  school   certificates 273 

Action  of,   on  appeal  from  county  superintendent's  suspending  or  refus- 
ing to  suspend  certificates    274 

May  grant  special  certificates  to  teach,  to  whom  and  in  what  schools...  276 

To  provide  for  teachers'  institutes  and  training  schools 240 

STATE  TRAINING  SCHOOL 

When   children  may  be   committed  to 186 

STATE   UNIVERSITY   (See  University  of  Minnesota) 

STIMULANTS  AND   NARCOTICS 

.  Instruction  as  to  effects  of  to  be  given  in  public  schools 149 


134  INDEX. 

Sections. 
SUMMER  SCHOOLS   (See  also  Training  Schools) 

Held  at  each  of  normal   schools 329 

Session  of  twelve  weeks   unless  shorter  term  is  directed 329 

SUPERINTENDENT,   COUNTY    AND    STATE    (See   County   Superintendent, 
State  Superintendent) 

SUPERINTENDENT    OF    INDEPENDENT    DISTRICT 

How    elected    43 

Ex-officio  member  of  board,   but  not  entitled  to  vote 43 

Rule  as  to  election  when  some  members  of  board  do  not  vote Note.  43 

May   be   elected   by   "Aye   and   Nay"   vote Note.  43 

Duly  of  as  to  making  complaint  against  school  officers Note.  43 

General  duties  of   65 

SUPERINTENDENT     OF     PUBLIC     INSTRUCTION      (See     State     Superin- 
tendent) 

T 

TAXES 

To    pay  judgments  against  districts,   when   and   how   levied SS,  90 

State  school   tax   to  be  levied  annually,  amount  of 110 

County  school   tax  to  be  extended  by  county  auditor Ill 

Levied   by  school  districts  to  be  known  as   district   school   tax Ill 

School  district  taxes  to  be  certified  to  county  auditor,  when 112,  116 

Contracts,   debts  and  pecuniary  liabilities  in  excess  of  tax  levy  for  pay- 
ment of  same  void    113 

Officers  and  agents  participating  in  or  authorizing  same  personally  liable  114 

Limitation   of  in    common    districts 114 

Limitation   of  in   independent   districts   for  purchase  of   school  sites  and 

erection  of  school  houses   1 14 

Limitation  of  in  districts  having  50,000  or  more  inhabitants 115 

To  be  certified  to  county  auditor,   when 112,  116 

Eleven  mill  tax  for  school  purposes  authorized  in  certain  districts 355,  356 

Twenty  mill  tax  for  school  purposes  authorized  in  certain  districts 357 

TEACHERS  (See  also  Examinations  and  Certificates) 

Have   general   control   and   government   of   schools 145 

Shall  give  instruction  in   morals,   physiology  and   hygiene 149 

Shall  give  instruction  in  the  effects  of  narcotics  and  stimulants 149 

Penalty   for   violating   text-book   law 175 

Training,    instrumentalities   for    239 

Institutes  for,  how  and  where  provided 240 

Institutes    for,    length    of    240 

Training   schools    for,    length   of 240 

To  be  given  notice  of  holding  of  institutes,  by  county  superintendents..  241 

Free  use  of  school  houses  and  school  rooms  for 242 

Appropriations  for  institutes  and  training  schools  by  county  boards 243 

May  close  school  for  purpose  of  attending  institute 244 

Standing  appropriation   for  support  of  institutes  and  training  schools...  245 

Qualified   teachers,   who   are    246 

Contracts  can  be  made  only  with  qualified  teachers 246 

Contract  with  unqualified  teacher  void  Note.  246 

Contracts  with,  made  at  meetings  called  for  that  purpose 247 

Contracts,  when  and  how  made;   to  be  in  writing 247 

Contracts,  oral,  not  valid   Note.  247 

Contracts,  enforcement    of    Note.  247 

Contracts,  general   requisites    of,    validity   and   enforcement Notes.  247 

Contracts  with,  prior  to  regular  annual  election Note.  247 

Contracts  with,  teacher    not    to    perform    janitor    service    unless    speci- 
fied      Note.  24  7 

Contracts  with,  vote  necessary  when  related  to  member  of  board. .  .Note.  247 

Discharge  of,  when  and  how Note.  247 

Rules  and  regulations  as  to  conduct  of  teachers Note.  247 


INDEX.  135 

Sections. 

May  close  school  without  loss  of  pay.  when Note.  247 

Wages  of,  school  board  cannot  retain Note.  24T 

Salary  of  liable  to  garnishment,   attachment  and   execution Note.  247 

Shall  keep  registers  and  records,  contents  of 248 

Reports  of  to   county   superintendents,    contents   of 249 

No  wages  to  be  paid  if  there  is  default  in  making  reports 249 

Retirement  fund  associations  may  be  organized  in  certain  cities,  how...  361 

Teaching  body  to  form  plan  of  incorporation 362,  363 

Plan  to  be  approved  by  board  of  education 364 

Contributors  only   entitled   to  benefits 365 

Officers   of  association   to  certify  for   taxation 366 

Limitation   as   to  tax 366 

Tax,   how  collected  and  disbursed 366 

Corporation  to  hold  and  dispose  of  real  estate 367 

Pro-rata  plan  to  be  provided  for 368 

"Teachers"    denned    369 

Wages  of  to  have  preference 61 

May  inflict  corporal  punishment  in  a  reasonable  and  moderate  manner. .  158 

Certificate  of  may  be  suspended  by  county  superintendent 274 

May   appeal   to   state   superintendent 274 

Causes   for   suspension    of   certificate 275 

Who  qualified,   in  common   districts 277 

Certificates  to  be  filed  in  office  of  county  superintendent 277,  278 

TEXT-BOOKS 

Conditions  that  must  be  complied  with  before  persons  can  offer  for  adop- 
tion,   sale   or   exchange 166 

Failure  to  comply  v, ith  conditions;  duties  of  county  superintendent 167 

Books  to  be  chosen  from  printed  list 168 

Free  text-books  to  be  furnished  by  board,  when 169 

Limitation   as   to  adoption   or   contract 169 

Proposition   to  provide  free  text-books,   how  submitted  to  voters 170 

Boards  authorized  to  purchase  books   for  indigent  pupils 171 

Combinations,   etc.,   to  control  prices  of,   illegal 172 

Duties  of  attorney  general  in   such  cases 172 

Samples  and  prices  of  to  be  filed  with  state  superintendent 173 

Penalty  for  violating  this  provision 173 

State  superintendent,  assistants,  employes  and  members  of  school  boards, 

to   be  disinterested  parties    174 

Penalty  for  violation    174 

Teachers,    county  and  city  superintendents,   to  be  disinterested 175 

Penalty   for  violation    175 

TOBACCO 

Penalty  for  smoking  or  using  cigarettes,  cigars  or  tobacco 102 

TOWN   SUPERINTENDENTS 

Election  of  in  districts  of  twenty  or  more  townships 227 

Term  of  office  of 227 

Compensation    of,    how   fixed    227 

Duties  of  228 

Election    of    in    special    districts 229 

TRAINING  SCHOOLS 

Provided  for  by  state   superintendent 240 

Length    of    240 

Notice  of  to  teachers  by  county  superintendent 242 

Free  use  of  school  houses   for 242 

Appropriation   for  by   county   board 245 

Standing  appropriation   for    245 

TRANSPORTATION 

Board  may  furnish  to  pupils  attending  in  adjoining  district,   when 50 


136  INDEX. 

Sections. 
TREASURERS 

To  receive  and  be  responsible  for  all  money 62 

To  disburse  moneys,   when   and  how 62 

To  keep  account  of  funds  and  disbursements 62 

To  file  with  clerk  detailed  financial  statement 62 

To  make  further  reports  when  called  on  by  board 62 

Duties  of  as  to  orders  not  paid  for  want  of  funds 62 

Duties  and  powers  of  as  to  care  of  funds Notes.  62 

Liability  of  for  failure  to  turn  over  books  to  successor Note.  .        62 

Liability  of  for  acting  without  qualifying Note.  62 

Must  not  speculate  with  funds  nor  mingle  with  his  own 62 

Must  pay  out  money  only  on  orders  signed  by  clerk  and  countersigned 

by  chairman  Note.  62 

Liability  of  for  failure  to  file  annual  statement Note.  62 

Liable  for   committing  gross   misdemeanor  if  he   enters   into  a   contract 

with   district  for  the   transportation  of  children Note.  62 

Bond  of,    requirements   and   conditions 63 

Bond  of,  approval   Note.  63 

Amount  of  bond,  meaning  of Note.  63 

Compensation   of,   common   district 66 

Compensation   of,   amount  and   limits Notes.  66 

Compensation   of,    independent    districts 68 

To  deposit  school  funds  in  depository  selected 71 

Exempt  from  liability  for  loss  of  funds  so  deposited 72 

Liable  for  loss  of  funds  not  deposited Note.  72 

Not  allowed  additional  compensation  for  so  doing 74 

May  invest  sinking  funds  in  certain  bonds  when  duly  authorized 82 

Treasurer  and  his  sureties  not  liable  for  loss  on  such  bonds •  83 

When  and  how  to  pay  judgments  against  district 87 

When   personally    liable   for   not   paying   judgments 87 

TRUANT   OFFICER 

May  be  appointed  and  removed,  how : 187 

Duties   of    187 

Shall  receive  salary  but  no  fees 187 

TRUANT   SCHOOLS 

Boards  may  maintain  truant  schools  for  certain  classes  of  children 185 

May  compel   attendance   in   such  schools 185 

When  may  have  children  committed  to  state  training  school;   how 186 

TUITION 

Free,  in  public  schools,   to  what  persons 144 

Of  non-resident  pupils,  powers  of  board  as  to 49 

Free  in  university  to  graduates  from  school  for  blind 306 

Free  in  university  to  certain  soldiers  and  sailors 315 

Free  to  residents  of  Minnesota  in  divisions  of  agricultural  extension  and 

home  education    321 

Free  in  normal  schools  to  those  intending  to  teach 327 

U 

UNIVERSITY  OF  MINNESOTA 

Board  of  regents,  composed  of  whom 279 

How   appointed    279 

A  body  corporate   279 

Mandamus  lies  to  compel  it  to  perform  any  duty  imposed  upon  it  by  law  279 

Management,  jurisdiction  and  control  of  under  board  of  regents 280 

Board  may  appoint  purchasing  agent,  duties  of 281 

Purchasing  agent,   statements   of    283 

Expenses,    limitation    of    284 

Board   must  not  exceed   appropriations 285 

State  board   of  control   has   full  authority   relating   to   the  erection   and 

construction   of   new   buildings,   etc 286 


INDEX.  137 

Sections. 

Such  board  shall  prepare  plans   and   specifications 286 

Shall  consult  with  local  board  in  respect  to  same,  etc 286 

Shall  not  let  contracts  without  advertising  for  bids 286 

Regents'   term   of  office  six  years 287 

Appointment  to  fill  vacancy  to  be  for  unexpired   term 287 

Organization   of  board    288 

President  and  secretary  of  board  to  give  bond 288 

Duties   of  board    289 

Shall  make  collections  of  specimens  discovered  or  examined  in  surveys..  291 

Shall  make  annual  report  to  governor,   showing  what 292 

Has  authority  to  accept  bequests,  gifts,  etc 293,  294 

Has    power   to    exercise    eminent    domain 295 

Gifts,  bequests,   etc.,  to  be  deposited  in  state  treasury 296 

Funds  of,  to  be  invested  in  certain  bonds 297 

The  governor,  treasurer  and  auditor  constitute  a  board  of  investment 297 

Duties   of   such   board    297 

Colleges   comprising   the   university   classified 298 

Department    of   pedagogy    299 

School  of  agriculture  at  Crookston  a  department  of  the  university 300 

Sectarian  instruction   prohibited    301 

Duties   of   the   president 302 

Annual   reports   of   the   president,    contents    of 303 

Standing   appropriations   for   maintenance 304 

Same  for  school  of  mines 305 

Tuition  free  to  graduates  from  the  school  for  the  blind 306 

University  depository  of   state   publications 307 

Such  publications  to  be  delivered  by  state  officials 308 

Appropriation   for  agricultural  experiment   station 309 

Appropriations  for  fruit  breeding  farm 310,  311 

Regents  to  select  a  fruit  farm 311,  312 

Visitors'    committee    to   fruit    farm 313 

Penalty  for  selling  liquors  within  mile  of  university 314 

Free  education  in  for  certain  soldiers 315 

Duty  of  regents  to  accept  such  soldiers 316 

Regents  may  use  certain  lands  for  forest  demonstration 317 

Agricultural  extension  and  home   education  in  university 318 

Purposes    of    work     319 

Officers   of   agricultural    division 320 

Free   instruction,    to   whom 321 

Bulletins  to  be  issued    322 

Fifty  thousand  dollars  appropriated  to  establish  agricultural  division....  323 

Co-operation  of  regents  with  board  of  farmers'   institutes , 324 

UNORGANIZED   TERRITORY 

Provision  for  education   in  vested  in  county  board  of  education 381 

County  board   of  education  composed  of  whom 382 

Officers    of    383 

Board  may  employ  clerk  for  the  county  superintendent 383 

Salaries  of  members  of  board 384 

Board   to  meet   monthly    385 

Clerk  of  board  to  make  report  to  state  superintendent 386 

Taxes  to  be  levied  for  schools  and  furniture 384 

School  houses,  duty  of  board  as  to 388 

Powers   and   duties   of   board 389 

District  can  be  organized   as  common  district,  when 390 

Division  of  moneys   of  school  district  between  old  and  new  counties 391 

Board    of    apportionment    392 

Duties  of  county  and  school  officials  after  division  and  apportionment. .  393 

District  of  ten  or  more  townships,  trustees  of,  how  elected 394 

Proceedings  of  school  board  to  be  published,   when 395 

"Proceedings"   include  what 396 


138  INDEX. 

State    public   examiner   to   make    annual    examination    of   books,    records, 

etc 397 

Compensation   of  members   of  board 398 

Certain  expenses  to  be  paid 399 

Tax  to  be  levied  to  pay  salaries  and  expenses  of  board 400 

Not  to  issue  bonds  or  evidence  of  indebtedness  without  authority 401 

Cannot  issue  bonds  or  evidence  of  indebtedness  under  certain  conditions  402 

V 

VACANCY 

In  school  board,  how  filled,   in  districts  containing  less  than  ten  town- 
ships      44 

In  school  board,  how  filled,   in  districts  containing  more  than  ten  town- 
ships      44 

Special   election   to  fill,   when  may  be  held 45 

In  school  board,  may  be  filled  by  appointment 44 

In  board  of  regents,  may  be  filled  by  appointment 287 

W 

WAGES 

Of  teachers  have  preference  in  order  in  which  they  become  due 61 

No  money  applicable  for  can  be  used  for  any  other  purpose 61 

Cannot  be  paid  from  any  fund  except  that  raised  or  apportioned  for  that 

purpose    61 

Of  teachers,   school  board  cannot  retain Note.  247 

Of  teachers,   subject  to  garnishment,   attachment  and  execution Note.  247 

Penalty  for  failure  of  treasurer  to  pay  teachers 92 

None  to  be  paid  to  teachers  in  default  as  to  reports 249 

WEBSTER'S    DICTIONARY 

When  district  may  be  furnished  with 163 

When  superintendent  authorized  to  sell  to  state  educational  institutions  163 

Fund  appropriated  for  purchase  of 164 

Funds  from  sale  of  turned  over  to  state  treasurer 165 

WOMEN 

May   vote  at   school  meetings 35 

When   foreign  born,   become  citizens   on   marrying  citizens Note.  35 


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